No C 71/16 Official  Journal  of the European  Communities 22. 3. 80 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for a Council  Regulation  amending  Regulation  (EEC)  No  516/77  on die 
coaunon  organization  of die market  m products  from  fruit  and vegetables  and amending 
Regulation  (EEC)  No 950/68  on the Common  Customs  Tariff 
(Submitted  by the Commission  to the Council  on 17 March  1980) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  43 thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the  opinion  of the  European 
Parliament, 
Whereas  the common  organization  of the market  in 
sugar  and  cereals  includes  a levy  system  intended  to 
cover  the difference  between  the prices  obtaining  for 
sugar  and glucose  within  the Community  and outside; 
whereas,  given  the direct  impact  of the price  of these 
raw materials  on the cost  price  of certain  products 
processed  from  fruit  and  vegetables,  Article  2 of 
Council  Regulation  (EEC)  No 516/77  of 14 March 
1977 on the common  organization  of the market  in 
products  processed  from  fruit  and vegetables  ('), as 
last amended  by Regulation  (EEC)  No 000,  provided 
that on importation  of the products  concerned,  in 
addition  to the  customs  duty,  a levy  should  be 
charged  on the  various  added  sugars  which  they 
contain; 
Whereas,  for the products  listed  in Annex  I, Part  1, 
to that  Regulation  this levy  is fixed  at a standard  2 % 
of the customs  value  of the products; 
0) OJ No L 73, 21. 3. 1977,  p. I. Whereas  on importation  fruit  pulp  in immediate 
packings  of a net weight  of over  1 kg with  a high 
natural  content  falls  within  subheading  20.06  B Ha) 
of the Common  Customs  Tariff; 
Whereas  provision  should  be made  to avoid  charging 
a levy  on the imports  in question,  and  whereas  this 
aim can  be attained  by applying  in respect  of the 
products  concerned  a levy  only  on a sugar  content 
exceeding,  by weight,  22 °/o for bananas,  pineapples 
and grapes  and 16 % for other  fruit; 
Whereas  it should  be made  clear  that the added  sugar 
content  as determined  in accordance  with  Article  2 of 
Regulation  (EEC)  No  516/77  constitutes  an 
irrebuttable  legal  presumption, 
HAS ADOPTED  THIS  REGULATION'. 
Article  1 
Regulation  (EEC)  No 516/77  is amended  as follows: 
I Article  2 (1) shall  be replaced  by the following: 
1 For  the products  shown  in Article  1, the 
rates  of the Common  Customs  Tariff  shall  apply. 
In addition  to the customs  duty  an import  levy 
shall apply  on the sugars  contained  in the products 
listed  in Annex  I.' 
22. 3. 80 Official  Journal  of the  European  Communities No C 71/17 
2. Article  2 (la)  shall  be replaced  by the following: 
'l.a)  The  import  levy  for the products  shown  in 
Annex  I, Part  I, shall  be 2 % ad valorem  of 
the customs  value.  For  the  products  shown 
in Annex  I, Part  II, the import  levy  shall  be 
calculated  as described  in the  paragraphs 
which  follow  and  charged  on the content  of 
sugars  deemed  to be added.' 
3. Annex  I, Part  I, shall  be replaced  by the  text 
shown  in Annex  I to this  Regulation. 
Article  2 (EEC)  No 950/68  shall  be replaced  by the text  shown 
in Annex  II to this  Regulation. 
Article  3 
This  Regulation  shall  enter  into  force  on 000. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
The text  concerning  subheading  20.06  B II a) of the 
Common  Customs  Tariff  annexed  to Regulation It, shall  apply,  on the request  of the party  concerned, 
from  1 April  1980. 
No C 71/18 Official  Journal  of the  European  Communities 22. 3. 80 
ANNEX  I 
CCT 
Heading 
No Description 
20.06 Fruit  otherwise  prepared  or preserved,  whether  of not containing  added  sugar  or spirit: 
B. Other 
I. Containing  added  spirit: 
d) Peaches,  pears  and apricots,  in immediate  packings  of a net capacity: 
1. Of more  than  1 kg: 
aa) With  a sugar  content  exceeding  13 % by weight: 
11. Of an actual  alcoholic  strength  by mass  not exceeding  11 85 % 
mas 
e) Other  fruits: 
1. With  a sugar  content  exceeding  9 % by weight: 
aa) Of an actual  alcoholic  strength  by mass  not exceeding  11 -85 % mas 
f) Mixtures  of fruit: 
1. With  a sugar  content  exceeding  9 % by weight: 
aa) Of  an alcoholic  strength  by mass  not exceeding  11 - 85 % mas 
II. Not  containing  added  spirit: 
a) Containing  added  sugar,  in immediate  packings  of a net capacity  of more  than 
1 kg 
2. Grapefruit  segments: 
bb) Other 
3. Mandarins  (including  tangerines  and  satsumas));  Clementines,  wilkings 
and other  similar  citrus  hybrids: 
bb) Other 
4. Grapes: 
bb) Other 
5. Pineapples: 
aa) With  a sugar  content  exceeding  22 % by weight 
bb) With  a sugar  content  exceeding  17 % by weight  but not 22 %, other 
than pulp 
6. Pears: 
aa) With  a sugar  content  exceeding  16 % by weight 
bb) With  a sugar  content  exceeding  13 % by weight  but not 16%,  other 
than pulp 
7. Peaches  and apricots: 
aa) With  a sugar  content  exceeding  16 % by weight 
bb) With  a sugar  content  exceeding  13 % by weight  but not 16 %, other 
than  pulp 
b) 8. Other  fruits: 
aa) Pulp  of bananas: 
11) With  a sugar  content  exceeding  22 % by weight 
bb) Other 
22) Other 
9. Mixtures  of fruit: 
aa) Mixtures  in which  no single  fruit  exceeds  50 % of the total  weight  of 
the fruits 
bb) Other 
22) Other 
22. 3. 80 Official  Journal  of the  European  Communities NoC  71/19 
ANNEX  II 
Amendment  of the Common  Customs  Tariff 
Rate  of duty 
CCT 
Heading 
No Description Auton.  % 
or levy 
(L) Conven-
ed 
1 2 3 4 
20.06 Fruit  otherwise  prepared  or preserved,  whether  or not containing  added  sugar  or 
spirit: 
B. Other: 
II. Not  containing  added  spirit: 
a) Containing  added  sugar,  in immediate  packings  of a net capacity  of more 
than 1 kg: 
1. Ginger 23 Free 
2. Grapefruit  segments: 
aa) Pulp  with  a sugar  content  not exceeding  16 % by weight 23 19-6 + 2 ads 
bb) Other 23+  (L) 19-6 + 2 ads 
3. Mandarins  (including  tangerines  and satsumas);  Clementines,  wilkings 
and other  similar  citrus  hybrids: 
aa) Pulp  with  a sugar  content  not exceeding  16 % by weight 23 21+2  ads 
bb) Other 23 + (L) 21+2  ads 
4. Grapes: 
aa) Pulp  with  a sugar  content  not exceeding  22 % by weight 23 22 + 2 ads 
bb) Other 23 + (L) 22+2  ads 
5. Pineapples: 
aa) With  a sugar  content  exceeding  22 % by weight 23 + (L) 22 + 2 ads 
bb) With  a sugar  content  exceeding  17%  by weight  but not 22%, 
other  than  pulp 23 + (L) 22 + 2 ads 
cc) Other 23 22(i) 
6. Pears: 
aa) With  a sugar  content  exceeding  16 % by weight 23 + (L) 20 + 2 ads 
bb) With  a sugar  content  exceeding  13%  by weight  but not 16%, 
other  than  pulp 23 + (L) 20 + 2 ads 
cc) Other 23 20(:) 
7. Peaches  and apricots: 
aa) With  a sugar  content  exceeding  16 % by weight 23 + (L) 22 + 2 ads 
bb) With  a sugar  content  exceeding  13%  by weight  but not 16%, 
other  than  pulp  •— 23 + (L) 22 + 2 ads 
cc) Other 23 22(3) 
8. Other  fruits: 
aa) Pulp  of bananas: 
11) With  a sugar  content  exceeding  22 % by weight 23 + (L) 21-8  + 2 ads 
22) Other 23 21-8  + 2 ads 
bb) Other: 
11) Pulp  with  a sugar  content  not exceeding  16 % by weight 23 21-8  + 2 ads 
22) Other 23 + (L) 21-8  + 2 ads 
9. Mixtures  of fruit: 
aa) Mixtures  in which  no single  fruit  exceeds  50 % of the total  weight 
of the fruits 23 + (L) 20 9 + 2 ads 
bb) Other 23 + (L) 21 8 + 2 ads 
(') The  rates  for pulp  with  a sugar  content  exceeding  17 % by weight  but not 22 %, is 22 + 2 ads. 
(2) The  rate  for pulp  with  a sugar  content  exceeding  13 % by weight  but not 16 %, is 20 + 2 ads. 
!') The  rate  for pulp  with  a sugar  content  exceeding  13 % by weight  but not 16 %, is 22 + 2 ads.