COUNCIL REGULATION (EEC) N° 3910/87

of 22 December 1987

amending Regulation (EEC) N° 1035/72 on the common organization of the market in fruit and vegetables

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community and in particular Articles 42 and 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

Whereas the Community is a Contracting Party to the International Convention on the Harmonized Commodity Description and Coding System, hereinafter referred to as the 'harmonized system', which is intended to replace the Convention of 15 December 1950 on Nomenclature for the Classification of Goods in Customs Tariffs;

Whereas Council Regulation (EEC) N° 2658/87 (3) established, from 1 January 1988, a combined goods nomenclature based on the harmonized system which will meet the requirements both of the Common Customs Tariff and of the external trade statistics of the Community;

Whereas, as a result, it is necessary to express the descriptions of goods and tariff heading numbers which appear in Regulation (EEC) N° 1035/72 (4), as last amended by Regulation (EEC) N° 2275/87 (5), according to the terms of the combined nomenclature, based on the harmonized system;

Whereas mixtures of nuts may be classified according to

their essential character in various subheadings of Chapter 8

of the Common Customs Tariff at present in force;

whereas, in the combined nomenclature, by way of

simplification, a single subheading has been established to

cover all mixtures of nuts; whereas it is desirable that the said mixtures be covered by Regulation (EEC) N° 1035/72;

Whereas certain mixtures of dried fruits, or of dried fruits and nuts, are classified, according to their essential character, in subheadings of Chapter 8 of the Common Customs Tariff at present in force which are covered by Regulation (EEC) N° 1035/72; whereas, in the combined nomenclature, by way of simplification, a single subheading has been established to cover all mixtures of dried fruits and of dried fruits and nuts; whereas it is desirable that the said mixtures be covered by Council Regulation (EEC) N° 426/86 of 24 February 1986 on the common organization

of the market in products processed from fruit and vegetables (6), as last amended by Regulation (EEC) N° 3909/87 (7); whereas, as a result, they should no longer be covered by Regulation (EEC) N° 1035/72;

Whereas numerous regulations in the fruit and vegetables sector must be adapted in the light of the new nomenclature; whereas, under Article 15 of Regulation (EEC) N° 2658/87, the changes made may be of a technical nature only; whereas, accordingly, a provision should be introduced whereby all other adjustments to Council or Commission regulations on the common organization of the markets in fruit and vegetables should be made in accordance with the procedure laid down in Article 33 of Regulation (EEC) N° 1035/72, provided that such adjustments are required solely as a result of the introduction of the harmonized system,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) N° 1035/72 is hereby amended as follows:

1. Article 1 (2) is replaced by the following:

'2. The organization shall cover the following products:

>TABLE>

2. Annex III is replaced by the Annex to this Regulation.

Article 2

The Commission, in accordance with the procedure provided for in Article 33 of Regulation (EEC)

N° 1035/72, shall make the necessary adaptations to

Council or Commission acts concerning the common

organization of the market in fruit and vegetables which result from the application of Article 1.

Article 3

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

Article 1 shall apply with effect from 1 January 1988.

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

Done at Brussels, 22 December 1987.

For the Council

The President

N. WILHJELM

ANNEX

'ANNEX III

List referred to in Article 22

>TABLE>