No C 344/10 Official Journal of the European Communities 21. 12. 87 
Proposal for Council Regulation amending Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables 
COM(87) 513 final 
(Submitted by the Commission to the Council on 9 November 1987) 
(87/C 344/03) 
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 Economic and Social 
Committee, 
In cooperation with the European Parliament, 
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, from 1 January 1988, there is established by 
Council Regulation (EEC) No 2658/87 (a) 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 consequence, it is necessary to express the 
descriptions of goods and tariff heading numbers which 
appear in Council Regulation (EEC) No 1035/72 (2), as last 
amended by Regulation (EEC) No 2275/87 (3), according 
to the terms of the combined nomenclature based on the 
harmonized system; 
Whereas mixtures of dried nuts may be classified according 
to their essential character in various subheadings of 
Chapter 8 of the Common Customs Tariff presently in 
force; whereas, in the combined nomenclature based on the 
harmonized system, by way of simplification, a single 
subheading has been established to cover all mixtures of 
dried nuts; whereas it is desirable that the said mixtures be 
covered by Regulation (EEC) No 1035/72; Whereas certain mixtures of dried fruits, or of dried fruits 
and dried nuts are classified, according to their essential 
character, in subheadings of the Common Customs Tariff 
presently in force which are covered by Regulation (EEC) 
No 1035/72; whereas, in the combined nomenclature 
based on the harmonized system, by way of simplification, 
a single subheading has been established to cover all 
mixtures of dried fruits and of dried fruits and dried nuts; 
whereas it is desirable that the said mixtures be covered by 
Council Regulation (EEC) No 426/86 of 24 February 1986 
on the common organization of the market in products 
processed from fruit and vegetables (4), as last amended by 
Regulation 000/88; whereas, as a consequence, they 
should no longer be covered by Regulation (EEC) No 1035/ 
72; 
Whereas numerous Regulations in the fruit and vegetables 
sector must be adapted in the light of the new nomencla­
ture; whereas, under Article 15 of Regulation (EEC) 
No 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 market in fruit and vegetables should be made in 
accordance with the procedure laid down in Article 33 of 
Regulation (EEC) No 1035/72, provided that such adjust­
ments are required solely as a result of the introduction of 
the harmonized system, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1035/72 is hereby amended as 
follows: 
1. Article 1 (2) is replaced by the following: 
'2. The organization shall cover the following pro­
ducts : 
(!) OJ No L 256, 7. 9. 1987, p. 1. 
(2) OJ No L 118, 20. 5. 1972, p. 1. 
(3) OJ No L 209, 23. 7. 1987, p. 4. (4) OJ No L 49, 27. 2. 1986, p. 1. 
21. 12. 87 Official Journal of the European Communities No C 344/11 
CN code 
0702 00 
0703 
0704 
0705 
0706 
0707 00 
0708 
ex 0709 
ex 0802 
0804 20 10 
0805 
0806 10 11 ] 
0806 10 15 [ 
0806 10 19 J 
0807 
0808 
0809 
0810 
0813 50 30 Description 
Tomatoes, fresh or chilled 
Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled 
Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or 
chilled 
Lettuce {Lactuca sativa) and chicory {Cicborium spp.), fresh or chilled 
Carrots, turnips, salad beetroot, salsify, celeriac, radish and similar edible roots, 
fresh or chilled 
Cucumbers and gherkins, fresh or chilled 
Leguminous vegetables, shelled or unshelled, fresh or chilled 
Other vegetables, fresh or chilled, excluding vegetables of subheadings 
0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60 
Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or 
betel) and cola of subheading 0802 90 30 
Figs, fresh 
Citrus fruit, fresh or dried 
Fresh table grapes 
Melons (including water melons) and papaws (papayas), fresh 
Apples, pears and quinces, fresh 
Apricots, cherries, peaches (including nectarines), plums and sloes, fresh 
Other fruit, fresh 
Mixtures, exclusively of dried nuts of headings No 0801 and 0802 
2. Annex III is replaced by the Annex to this Regulation. Article 3 
Article 2 
The Commission, in accordance with the procedure 
provided for in Article 33 of Regulation (EEC) No 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. 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 from 1 January 1988. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
ANNEX 
'ANNEX III' 
List referred to in Article 22 
CN code 
0702 00 
ex 0705 Description 
Tomatoes, fresh or chilled 
Lettuces, curled-leaved endives and broad-leaved 
(Batavian) endives Period 
15 May to 31 December 
15 November to 15 June 
No C 344/12 Official Journal of the European Communities 21. 12. 87 
CN code 
ex 0708 20 
0709 10 00 
0806 10 11 1 
0806 10 15 
0806 10 19 • 
ex 0807 10 
0809 10 00 Description 
Beans (of the species Phaseolus) (not including 
beans for shelling or shelled beans) 
Globe artichokes 
Fresh table grapes 
Melons 
Apricots Period 
1 June to 30 September 
15 March to 30 June 
1 July to 31 January 
1 July to 15 October 
5 June to 31 July' 
Proposal for a Council Regulation amending Regulation (EEC) No 2759/75 on the common 
organization of the market in pigmeat and Regulation (EEC) No 2766/75 establishing the list 
of products for which sluice-gate prices are to be fixed and laying down the rules for fixing 
the sluicegate price for pig carcases 
COM(87) 513 final 
(Submitted by the Commission to the Council on 9 November 1987) 
(87/C 344/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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, 
Having regard to the opinion of the Economic and Social 
Committee, 
In cooperation with the European Parliament, 
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 replaces the Convention of 
15 December 1950 on Nomenclature for the Classification 
of Goods in Customs Tariffs; 
Whereas, from 1 January 1988, there is established by 
Council Regulation (EEC) No 2658/87 of the 23 July 1987 
of the Council (J) a combined goods nomenclature based 
on the harmonized system which will meet the require­
ments both of the Common Customs Tariff and of the 
external trade statistics of the Community; 
Whereas, as a consequence, it is necessary to express the 
descriptions of goods and tariff heading numbers which 
appear in Council Regulation (EEC) No 2759/75 (2), as last amended by Regulation (EEC) No 1475/86 (3), according 
to the terms of the combined nomenclature based on the 
harmonized system; 
Whereas certain edible flours and meals of meat or meat 
offal are classified in subheadings of heading No 02.06 of 
the Common Customs Tariff at present in force, which are 
covered by Regulation (EEC) No 2759/75; whereas, in the 
combined nomenclature based on the harmonized system, 
by way of simplification, a single subheading has been 
established to cover all edible flours and meals of meat or 
meat offal; whereas it is desirable that the said flours and 
meals be covered by Council Regulation (EEC) No 805/68 
of 27 June 1968 on the common organization of the market 
in beef and veal (4), as last amended by Regulation (EEC) 
No 000/88; whereas, as a consequence, they should no 
longer be covered by Regulation (EEC) No 2759/75; 
Whereas, since pig fats from bones or waste are not listed in 
Annex II to the Treaty, they are excluded from application 
of the provisions therein concerning agriculture, whilst lard 
and other pig fats obtained from other parts of the animal 
are subject thereto; whereas, in the harmonized system, 
fats from bones or waste are classified in the same heading 
of the nomenclature as lard and other pig fats; whereas, 
because of the technical development in the processing of 
animal fats, it is impossible to distinguish between fats 
from bones or waste and lard and other fats obtained from 
swine; whereas measures adopted for lard and other pig 
fats in respect of trade with third countries and the 
(!) OJ No L 256, 7. 9. 1987, p. 1. 
(2) OJ No L 282, 1. 11. 1975, p. 1. (3) OJ No L 133, 21. 5. 1986, p. 39. 
(4) OJ No L 148, 28. 6. 1968, p. 24.