31. 12. 85 Official Journal of the European Communities No C 349/11 
Article XIV 
1. This Convention shall be open for signature by any Government which is a Member of the United Nations or of 
any Specialized Agency of the United Nations. Any such Government which does not sign this Convention may 
adhere to it at any time. 
2. This Convention shall be subject to ratification or approval by signatory countries in accordance with their 
constitutions. Instruments of ratification, approval, or adherence shall be deposited with the Director-Genera) of 
the Food and Agriculture Organization of the United Nations. 
3. This Convention shall enter into force upon the deposit of instruments of ratification, approval, or adherence 
by seven Governments and shall enter into force with respect to each Government which subsequently deposits an 
instrument of ratification, approval or adherence on the date of such deposit. 
Article XV 
The Director-General of the Food and Agriculture Organization of the United Nations shall inform all 
Governments referred to in paragraph 1 of Article XIV of deposits of instruments of ratification, approval or 
adherence, the entry into force of this Convention, proposals for amendments, notifications of acceptance of 
amendments, entry into force of amendments, and notifications of withdrawal. 
Article XVI 
The original of this Convention shall be deposited with the Director General of the Food and Agriculture 
Organization of the United Nations who shall send certified copies to the Governments referred to in paragraph 1 
of Article XIV. 
In witness whereof the representatives duly authorized by their respective Governments have signed the present 
Convention. Done at Rio de Janeiro this 14th day of May 1966 in a single copy in the English, French and Spanish 
languages, each version beinj; equally authoritative. 
Proposal for a Council Regulation (EEC) on the common organization of the market in products 
processed from fruit and vegetables 
(COM(85) 642 final 
(Submitted by the Commission to the Council on 3 December 1985) 
(85/C 349/02) 
THK 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 European Parliament, 
Whereas the basic provisions concerning the organization of 
the market in products processed from fruit and vegetables 
have been amended a number of times; whereas by reason of 
their number, their complexity and their dispersal among 
various Official Journals of the European Communities, 
these texts are difficult to use, and thus lack the clarity which 
should be an essential feature of all legislation; whereas they 
should therefore be consolidated in a single text, at the same 
time making certain amendments which experience has 
shown to be desirable; Whereas the operations and development of the common 
market in agricultural products must be accompanied by the 
establishment of a common agricultural policy to include in 
particular a common organization of agricultural markets 
which may take various forms depending on the product; 
Whereas the producer prices for certain products processed 
from fruit and vegetables which are of particular importance 
in the Mediterranean regions of the Community are 
considerably higher than in non-member countries; whereas 
the Community products should therefore be made more 
competitive by adopting the necessary measures to enable 
them to be sold at prices which compete with those charged 
by the major non-member producing countries; 
Whereas, to this end, a system of production aid should be 
introduced enabling the products in question to be 
manufactured at a price lower than that which would result 
from the payment of a remunerative price to producers of the 
fresh products; whereas this system should be linked to a 
No C 349/12 Official Journal of the European Communities 31. 12. 85 
system of contracts providing both for regular supplies to the 
processing industries and a minimum price to be paid by 
processors to producers; 
Whereas, because of the abundant supply of raw materials 
and the elasticity of processing capacity, there is a danger that 
granting aid for the production of processed fruit and 
vegetables might encourage such production to expand 
considerably from year to year; whereas, in order to avoid 
any difficulties in selling processed products, provision 
should be made for limiting the grant of aid to part of the 
production; 
Whereas, in view of the link between prices for products 
intended to be consumed fresh and prices for products 
intended for processing, provision should be made for 
minimum producer prices to be determined taking into 
account the basic prices for fruit and vegetables for 
consumption as fresh, and the need to maintain a sufficient 
balance between the various uses for fresh products; 
Whereas provision should be made for a monthly increment 
of the minimum price for certain products intended for 
processing which can be stored; 
Whereas the amount of aid is to compensate the difference 
between producer prices within the Community and those of 
non-member countries; whereas therefore, provision should 
be made for a calculation which takes account in particular of 
changes in the minimum price and includes, where necessary, 
a flat-rate adjustment for other costs; whereas minimum 
import prices should be referred to for the purpose of 
calculating aid for products subject to such prices; 
Whereas, in the case of a number of products, and in 
particular those processed from tomatoes packaging 
represents a widely varying proportion of the weight of the 
product; whereas the grant of aid for packaged products may 
result in artificial distortions between different processors; 
whereas the aid should therefore be calculated on the basis of 
the raw material processed; 
Whereas, in order to facilitate the marketing of the processed 
products in question end adjust their quality more closely to 
market requirements, provision should be made for laying 
down Community quality standards; whereas, pending the 
adoption of such standards, aid should be made conditional 
on compliance with current national standards; 
Whereas, in respect of dried grapes, account should be taken 
of the fact that in accordance with usual commercial practice, 
some of the product must be discarded in order to ensure 
that the finished product, having regard to its specific 
characteristics, is of satisfactory quality; whereas, given the 
present state of the market in dried grapes and dried figs both 
within the Community and at world level, provision should 
be made for a limited purchasing system ending at the end of 
the marketing year; Whereas, therefore, provision should be made under the said 
system for the granting of storage aid to the storage agencies 
and for compensation of any losses to such agencies when 
selling the products in store; 
Whereas, in the case of certain products in this sector of 
which the Community is a major importer, a minimum 
import price system should be introduced in order to 
encourage greater market stability and to facilitate the proper 
operation of the aid system, combined with countervailing 
charges to ensure that minimum prices are observed; 
Whereas the common organization of the market in products 
processed from fruit and vegetables must include a single 
trading system at the frontiers of the Community with a view 
to stabilizing the Community market by preventing price 
fluctuations on the world market from affecting prices within 
the Community; whereas in this context quantitative 
restrictions and measures having equivalent effect should be 
prohibited in trade with non-Member States; 
Whereas sugar, glucose and glucose syrup have a direct and 
substantial effect on the cost price of certain processed 
products; whereas the trading system for the latter must 
therefore be brought into line with those for sugar and 
cereals; 
Whereas provisions must therefore be adopted to ensure that 
a levy is charged on the sugar components incorporated in 
processed products under conditions similar to those 
adopted under Council Regulation (EEC) No 1785/81 of 
30 June 1981 on the common organization of the markets in 
the sugar sector (>), as last amended by Regulation (EEC) 
No 482/85 (2); whereas an identical import charge should 
also be levied on the glucose and glucose syrup components 
incorporated as sugar substitutes in the processed products 
concerned; 
Whereas this method of calculation calls for frequent 
alteration to the levy in question; whereas, in view of the 
nature of the products concerned, this levy should only be 
fixed quarterly; 
Whereas special provisions are necessary for occasions when 
one of the elements for calculating the levy is not known; 
Whereas provisions should be made in respect of sensitive 
products, for the establishment of a system of import 
licences; whereas for the proper working of this system it is 
necessary to lay down that the issue of import licences must 
involve the lodging of a security guaranteeing the 
undertaking to import during the period of validity of the 
licences; 
Whereas, similarly, in respect of sugars incorporated in 
processed products for export to non-member countries, 
provisions should be made for granting a refund designed to 
cover the differences between prices for sugar ruling outside 
(«) OJNoL 177, 1.7. 1981, p. 4. 
(2) OJ NoL 151, 10.6. 1985, p. 1. 
31. 12. 85 Official Journal of the European Communities No C 349/13 
and inside the Community; whereas this system should take 
into consideration that refunds for glucose and glucose syrup 
are fixed in accordance with the provisions of Council 
Regulation (EEC) No 2727/75 of 29 October 1975 on the 
common organization of the market in cereals (')> as last 
amended by Regulation (EEC) No 1018/84 (2); Whereas the measures provided for by the present Regulation 
may prove inadequate in exceptional circumstances; whereas 
to ensure that in such cases the Community market is not left 
completely exposed to the disturbances which might result, 
the Community should be allowed to take appropriate action 
without delay; 
Whereas to enable processed products without added sugars 
to have access to the markets of non-member countries, 
provision should be made for the grant of an export refund; 
whereas for products containing added sugars this general 
refund should be granted only in cases where the refund in 
respect of the added sugars contained in the products would 
not be sufficient to permit their exportation; 
Whereas, in the interests of stability in commercial 
transactions, consideration should be given to allowing those 
concerned to have the amounts of the levies and refunds fixed 
in advance; whereas, in the interests of sound 
administration, provision should be made for the 
introduction of advance fixing certificates, and for the 
lodging of a security in respect of these certificates to 
guarantee the undertaking to import or export during the 
period of validity of the certificate; 
Whereas provision should also be made, where necessary for 
the proper functioning of the system outlined above, for 
regulating or, in so far as the situation on the market 
requires, prohibiting in whole or in part the use of inward 
processing arrangements; whereas, moreover, refunds 
should be so fixed that Community basic products used by 
processing industries in the Community with a view to export 
are not placed at a disadvantage by inward processing 
arrangements which might induce those industries to give 
preference to basic products imported from non-member 
countries; Whereas the establishment of a single market would be 
jeopardized by the grant of certain aids; whereas, therefore, 
the provisions of the Treaty which allow the assessment of 
aids granted by Member States and the prohibition of those 
which are incompatible with the common market should be 
applied to products processed from fruit and vegetables; 
Whereas, in order to facilitate implementation of the 
proposed measures, a procedure should be provided for 
establishing close cooperation between Member States and 
the Commission within a management committee; 
Whereas the common organization of the market in products 
processed from fruit and vegetables must take appropriate 
account, at the same time, of the objectives set out in 
Articles 39 and 110 of the Treaty; 
Whereas the expenditure incurred by Member States as a 
result of obligations arising out of the application of this 
Regulation is to be financed by the Community in accordance 
with Articles 2 and 3 of Council Regulation (EEC) 
No 729 / 70 of 21 April 1970 on the financing of the common 
agricultural policy (3), as last amended by Regulation (EEC) 
No 870/85 (4), 
HAS ADOPTED THIS REGULATION: 
(') OJNoL281, 1. 11. 1975, p. 1. 
(2) OJ NoL 107, 19.4. 1984, p. 1. (') OJ No L 94, 28. 4. 1970, p. 13. 
(2) OJ NoL 95, 26.3. 1985, p. 1. 
Article 1 
1. The common organization of the market in products processed from fruit and vegetables shall 
cover the following: 
CCT 
heading 
No 
a) ex 07.02 
ex 07.03 
ex 07.04 
ex 08.03 B Description 
Vegetables (whether or not cooked), preserved by freezing, excluding olives 
Vegetables provisionally preserved in brine, in sulphur water or in other preserva­
tive solutions, but not specially prepared for immediate consumption, excluding 
olives 
Dried, dehydrated or evaporated vegetables, whole, cut, sliced, broken or in 
powder, but not further prepared, excluding potatoes dehydrated by artificial 
heat-drying and unfit for human consumption, and also excluding olives 
Dried figs 
No C 349/14 Official Journal of the European Communities 31. 12. 85 
CCT 
heading 
No 
ex 08.04 B 
08.10 
08.11 
08.12 
08.13 
b)ex 13.03 B 
ex 20.01 
ex 20.02 Description 
Dried grapes 
Fruit (whether or not cooked), preserved by freezing, not containing added 
sugar 
Fruit 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 
Fruit, dried, other than that falling within headings No 08.01, 08.02, 08.03, 
08.04 or 08.05 
Peel of melons and citrus fruit, fresh, frozen, dried or provisionally preserved in 
brine, in sulphur water or in other preservative solutions 
Pectic substances and pectinates 
Vegetables and fruit, prepared or preserved by vinegar or acetic acid, with or 
without sugar, whether or not containing salt, spices or mustard, other than 
olives 
Vegetables prepared or preserved otherwise than by vinegar or acetic acid, other 
20.03 
20.04 
20.05 
20.06 
ex 20.07 than olives 
Fruit preserved by freezing, containing added sugar 
Fruit, fruit peel and parts of plants, preserved by sugar (drained, glace or 
crystallized) 
Jams, fruit jellies, marmalades, fruit puree and fruit pastes, being cooked 
preparations, whether or not containing added sugar 
Fruit otherwise prepared or preserved, whether or not containing added sugar or 
spirit 
Fruit juices (excluding grape juice and must) and vegetable juices, whether or not 
containing added sugar, but unfermented and not containing spirit 
2. The marketing years shall extend from: 
(a) 10 May to 9 May for cherries preserved in syrup and 
falling within subheading 20.06 B of the Common 
Customs Tariff; 
(b) 1 July to 30 June for: 
— peeled tomatoes, whether or not cooked, preserved 
by freezing, falling within subheading 07.02 B of the 
Common Customs Tariff, 
— tomato flakes falling within subheading 07.04 B of 
the Common Customs Tariff, 
— tomatoes, prepared or preserved, falling within 
subheading 20.02 C of the Common Customs 
Tariff, 
— peaches preserved in syrup, falling within 
subheading 20.06 B of the Common Customs 
Tariff, 
— tomato juices falling within heading No 20.07 of the 
Common Customs Tariff, 
— dried figs falling within subheading 08.03 B of the 
Common Customs Tariff; 
(c) 15 July to 14 July for Williams pears preserved in syrup, 
falling within subheading 20.06 B of the Common 
Customs Tariff; (d) 1 September to 31 August for: 
— dried grapes falling within subheading 08.04 B 
of the Common Customs Tariff, 
— prunes derived from dried 'prunes d'Ente' 
falling within subheading 08.12 C of the 
Common Customs Tariff. 
The marketing year for other products shall be laid down, 
where required, in accordance with the procedure provided 
for in Article 22. Changes to be made to the marketing years 
as defined in the first subparagraph may be adopted in 
accordance with the same procedure. 
TITLE I 
Production aid 
Article 2 
1. A system of production aid shall apply to the products 
n.nu^ Official journal of the European Communities ^oC^^Bt^ 
listed in ^nnex 1, l^art ^ and obtained from fruit and 
vegetables grown in the Community. 
2. TheCouncil,actingbyao,ualifiedma^ontyonaproposal 
from theCommission,may decide to amend ^nnexl,^art^ 
in the light of production and marketing conditions for the 
products concerned 
3 ^here the Community production potential for a 
product referred to in paragraph Ms hkely to causeama^or 
imbalance between production and market outlets the 
Council,acting by^^uahfied majority onaproposal from 
the Commission, may take appropriate measures, in 
particular by limiting production aid toaspecified^uantity^ 
This quantity shall be determined by reference to average 
Commumtyproductioninthelastmarketingyearsforwhich 
accurate figures are available. The quantity may be adjusted 
mthe light of changes in the scope for disposal ofthe product 
in question 
1 l^roducnona^shall be granted to processors who have 
pa^d producers for their raw matenalsaprice not less than 
themmimumpnceundercontractsbetweenproducersor 
recogn^edproducers^groups or associations thereof, on the 
one hand, and processors or processors^ groups and 
associations thereof,on the other hand,tegaltyconst^tutedm 
the Community 
2 In thecaseof currants,contractsofthekindreferred to in 
paragraphtshall be accompanied byawntten undertaking 
by the grower towithold from delivery to the processing 
industry for processing into currants for sale,a^uantity not 
less than a percentage to be determined of the quantity 
covered by the contract 
3 The Council,acting by o,uahfied majority onaproposal 
from the Comm^ss^on, shall fix the percentage provided for 
mparagraph^ 
^t detailed rules for the application of th^s^rncle shall be 
adopted in accordance w^th the procedure provided form 
^rt^cle^ 
t. The minimum price to be paid to producers shall, 
withoutpre^udiceto the measures taken pursuantto^rticle^ 
^n, be calculated on the basis of^ 
^ the minimum priLe applying during the previous 
marketing year^ 
^ the movement of basic pncesmthe fruit and vegetable 
sectors 
^ the need to ensure normal marketing of fresh products 
for the various uses. 2. The minimum price forsultanas,currants and dried figs 
validatthestartofthemarketingyearshallbemcreasedeach 
month, starting with the third month of the marketing year 
and continuing to the end of the marketing year,byafixed 
amount corresponding to storage costs. 
3. minimum prices shall be fixed before the beginning of 
each marketing year. 
^t. minimum prices, the monthly increments referred to in 
paragraph^and detailed rules for applying this article shall 
be adopted in accordance with the procedures provided form 
article 22. 
^ The amountof aid shall be so fixed as to enable the 
Community product concerned to be marketed. In 
calculatmgthe amount of aid,withoutpremdiceto measures 
taken pursuant to ^rticle20^, account shall be taken in 
particular of the following factors^ 
— the amount of aid fixed for the previous marketing year 
adjusted to takeaccount of changes in themimmum 
pr^cesreferredtom^rticle^,thethird^countrypnceand, 
if necessary,the pattern of processing costs assessed ona 
flatrate basis, 
— where relevant, the prices at which the Community 
products are sold on the Community market. 
2. however, the third country price factor referred to in 
paragraphs shallbereplacedby^ 
— apnce based on the Community market price, the price 
trend and the outlets available on the Community 
market, in cases where the volume of imports makes the 
third country price unrepresentative, 
— the minimum import pncemcases where such prices are 
fixed pursuant to ^rticle^. 
3. The aid shall be fixedmrespect of the net weight of the 
processed product. The coefficients expressing the 
relationship between the weight of raw material processed 
and the net weight of the processed product shall be defined 
onaflatrate basis 
^t. The Council,acting by qualified majority onaproposal 
from the Commission, shall adopt general rules for applying 
this^rticle^ 
^. The amount ofaid shall be fixed before the begmnmgof 
each marketing year m accordance with the procedure 
providedformArticle22.Thedetailedrulesforapplymgtms 
article shall be adopted in accordance with the same 
procedure. 
L ^idshallbe granted to processors only for processed 
products which^ 
No C 349/16 Official Journal of the European Communities 31. 12. 85 
(a) have been produced from raw materials for which the 
applicant has paid at least the minimum price referred to 
in Article 4; 
(b) meet minimum Community quality standards to be laid 
down. 
Until such time as Community standards come into effect, 
the products concerned must meet current national 
standards. 
2. In the case of sultanas and currants, aid shall be paid only 
to processors who have not processed and subsequently do 
not process for commercial sale a quantity of sultanas and 
currants equal to a percentage, to be determined, of the 
quantity of sultanas and currants bought. Such quantities not 
processed shall not be eligible for aid. 
3. The Council, acting by qualified majority on a proposal 
from the Commission, shall fix the percentages referred to in 
paragraph 2. 
4. The minimum quality standards referred to in paragraph 
1 (b) and the other detailed rules for applying this Article 
shall be adopted in accordance with the procedure provided 
for in Article 22. 
Article 7 
1. Common quality standards may be introduced for the 
products listed in Annex I, Part A intended either for 
consumption in the Community or for export to third 
countries. 
2. The Council, acting by qualified majority on a proposal 
from the Commission, shall adopt the standards referred to 
in paragraph 1 and may designate other products to be made 
subject to quality standards and the standards themselves. 
Article 8 
1. The agencies or legal or natural persons approved by the 
Member States concerned, hereinafter called 'storage 
agencies', shall purchase, during the last two months of the 
marketing year, sultanas and currants and dried figs 
produced in the Community during the current marketing 
year provided that the products comply with quality 
standards to be determined. Sultanas and currants shall be 
purchased up to any limits laid down pursuant to Article 2 
(3). 
Spanish and Portuguese storage agencies shall only buy 
products obtained from the 1986/87 and subsequent 
marketing years. 
2. The storage agencies shall purchase the quantities 
offered at the minimum price applicable at the beginning of 
the marketing year. 
3. Article 3 (2) shall apply in respect of currants. 4. The products purchased 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. 
For products which cannot be disposed of on normal terms, 
special measures may be taken. 
5. Storage aid shall be granted to storage agencies for the 
quantities of products which they have purchased and for the 
actual duration of storage. 
6. Financial compensation equal to the difference between 
the purchase price paid by the storage agencies and the selling 
price shall be granted to the storage agencies. This 
compensation shall be reduced in line with any profits 
resulting from the difference between the purchase price and 
the selling price. 
7. The Council, acting by a qualified majority on a proposal 
from the Commission, shall adopt the general rules for the 
application of this Article. 
8. Detailed rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 22. 
TITLE II 
Trade with non-member countries 
Article 9 
1. A minimum import price for each marketing year shall 
apply for the products listed in Annex I, Part B. 
2. Minimum import prices shall be determined having 
regard in particular to: 
— the free-at-frontier prices on import into the 
Community, 
— the prices obtaining in international trade, 
— the situation on the internal Community market, 
— the trend of trade with third countries. 
3. 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 countries 
outside the Community. 
4. A countervailing charge shall not be levied on imports 
from non-member countries which are prepared to 
guarantee, and are in a position so to guarantee, that the 
price of imports originating in and exported from their 
territory will not undercut the minimum import price and 
that deflections of trade will be prevented. 
31. 12. 85 Official Journal of the European Communities No C 349/17 
5. The Council, acting by qualified majority on a proposal 
from the Commission: 
— may decide to amend the list of products for which 
minimum prices have been introduced, 
— shall adopt general rules implementing this Article, which 
may, in particular, provide for a system of advance fixing 
of the minimum import price. 
6. Minimum import prices, the amount of the 
countervailing charge and other detailed rules for the 
application of this Article shall be adopted in accordance 
with the procedure provided for in Article 22. 
Article 10 
1. In addition to customs duty, an import levy shall be 
charged on the various added sugars contained in the 
products listed in Annexes II and III. 
2. Products listed in Annex II shall be considered as 
containing added sugar. The import levy for such products is 
2 % ad valorem of the customs value. 
3. For 100 kilograms net of the products shown in Annex III 
the import levy shall be equal to, 
(a) the difference between 
(i) the average of the threshold prices for one kilogram 
of white sugar for each month of the quarter for 
which the difference is being determined, and 
(ii) the average of the cif prices for one kilogram of 
white sugar used in fixing the levies on white sugar, 
calculated for a period consisting of the first 15 days 
of the month preceding the quarter for which the 
difference is being determined and the two months 
immediately preceding that month; 
(b) this difference being multiplied by the figure for 
the product in question appearing in column (1) of 
Annex III. 
No levy shall be charged if the amount at (a) (ii) is higher than 
the amount at (a) (i). 
4. The difference provided for in paragraph 3 shall be fixed 
by the Commission for each quarter of the calendar year. 
5. Should the threshold price referred to in paragraph 3 (a) 
(i) change during a quarter, the Council, acting by qualified 
majority on a proposal from the Commission, shall decide 
whether there is any need to make an ajustment and, if 
necessary, determine the measures to be taken to that 
end. 
6. Should one of the elements to be taken into account in 
calculating the difference referred to in paragraph 3 not be known by the 15 th day of the month preceding the quarter 
for which the difference is to be determined, the Commission 
shall proceed to calculate the difference, substituting for the 
missing element of the calculation the element which was 
taken into account in calculating the difference for the 
current quarter. 
The difference shall be correced by the Commission and 
made to apply not later than the 16th day following the date 
on which the missing information comes to hand. 
The correction shall not be made however if the information 
only becomes available after the beginning of the last month 
of the quarter in question. 
7. 'Added sugars content' for the products listed in 
Annex HI shall mean the reading obtained by using a 
refractometer, multiplied by 0,93 in the case of products 
falling within heading No 20.06 of the Common Customs 
Tariff and by 0,95 in the case of other products and reduced 
by the figure appearing in column (2) of Annex III. 
8. As a derogation from the provisions of paragraph 3 the 
import levy shall for 100 kilograms net be equal to: 
(a) in cases where the added sugars content per 100 
kilograms net weight of a product is three kilograms or 
more above the content expressed by the figure 
appearing in column (1) of Annex III, the difference 
referred to in paragraph 4 multiplied by a figure 
representing the added sugar content; 
(b) in cases where the added sugars content per 100 
kilograms net weight of a product is two kilograms or 
more below the content expressed by the figure 
appearing in column (1) of Annex III, the difference 
referred to in paragraph 4 multiplied by a figure 
representing the added sugar content. 
The provisions under (b) shall apply only at the importer's 
request and if the products are accompanied by a declaration 
from the importer indicating the added sugar content 
established by the method referred to in paragraph 7. 
9. The Council, acting by qualified majority on a proposal 
from the Commission, may amend Annexes II and III. 
10. Detailed rules for the application of this Article shall be 
adopted as necessary in accordance with the procedure laid 
down in Article 22. 
Article 11 
1. A refund shall be granted to permit exports to 
non-member countries of 
— white sugar and raw sugar falling within heading 
No 17.01 of the Common Customs Tariff, 
— glucose and glucose syrup falling within subheadings 
17.02 B I and B II of the Common Customs Tariff, 
— isoglucose falling within subheading 17.02 D I of the 
Common Customs Tariff, and 
No C 349/18 Official Journal of the European Communities 31. 12. 85 
— beet and cane syrups falling within subheading 17.02 DII 
of the Common Customs Tariff, 
incorporated in the products listed in Article 1 (b). 
The refund shall be granted on application. 
2. For 100 kilograms net of exported product the refund 
granted shall be equal: 
— in the case of raw sugar, white sugar and beet and cane 
syrups, to the amount of the refund per kilogram of 
sucrose fixed in accordance with Article 19 of Regulation 
(EEC) No 1785/81 and with the provisions adopted for 
its application for the products listed in Article 1 (1) (d) of 
that Regulation, multiplied by a figure expressing the 
quantity of sucrose used per 100 kilograms net of finished 
product. 
— in the case of isoglucose, to the amount of the refund 
per kilogram of dry matter fixed in accordance with 
Article 19ofRegulation(EEC)No 1785/81 and with the 
provisions adopted for its application, multiplied by a 
figure expressing the quantity of dry matter contained in 
the isoglucose used per 100 kilograms net of the finished 
product, 
— in the case of glucose and glucose syrup, to the amount of 
the refund per kilogram fixed for each of these products 
in accordance with Article 16 of Regulation (EEC) 
No 2727/75 and with the provisions adopted for 
its application, multiplied by a figure expressing 
the quantity of glucose or glucose syrup used per 
100 kilograms net of finished product. 
3. To qualify for the refund the products shall be 
accompanied by a declaration from the applicant indicating 
the amounts of sucrose, isoglucose, glucose and glucose 
syrup used in the manufacture. 
4. The Council, acting by a qualified majority on a proposal 
from the Commission, shall adopt general rules for granting 
refunds. 
5. Detailed rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 22. 
Article 12 
1. To the extent necessary to enable products listed in 
Article 1 and not containing added sugar to be exported in 
economically significant quantities on the basis of prices for 
those products in the world market, the difference between 
those prices and prices within the Community may be 
covered by an export refund. 
2. The refund shall be the same throughout the 
Community. It may be varied according to use or 
destination. 
The refund shall be granted on application. The refunds shall be fixed at regular intervals in accordance 
with the procedures laid down in Article 22. 
Where necessary the Commission may, at the request of a 
Member State or on its own initiative, alter the refund in the 
intervening period. 
3. Where the refund fixed pursuant to Article 11 is not 
sufficient to permit exports of the products listed in Annex 
IV, the provisions of this Article instead of those of Article 11 
shall apply to these products. 
4. The Council, acting by qualified majority on a proposal 
from the Commission, shall lay down general rules for 
granting refunds and criteria for fixing the amount of such 
refunds. 
5. Detailed rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 22. 
Article 13 
1. The levy referred to in Article 10 and the refunds referred 
to in Articles 11 and 12 shall be those applicable on the day of 
import or export. 
2. However, the levy provided for in Article 10 or the 
refund provided for in Article 11, applicable on the day on 
which application for an advance fixing certificate is lodged, 
shall be applied to a transaction effected during the period of 
validity of the certificate if the party concerned so requests 
when applying for the certificate. The levy shall be adjusted 
on the basis of the threshold price for white sugar in force on 
the day of import. 
3. The Council, acting by qualified majority on a proposal 
from the Commission, may decide that the system provided 
for in paragraph 2 shall also apply to the refunds referred to 
in Article 12. 
4. Detailed rules for the application of paragraph 1 and 2 
shall be adopted as necessary in accordance with the 
procedure laid down in Article 22. 
5. The Council, acting by qualified majority on a proposal 
from the Commission, shall adopt measures to be applied in 
exceptional circumstances. 
6. Where examination of the market situation reveals 
difficulties due to the application of the provisions 
concerning the advance fixing of the levy or of the export 
refund, or that such difficulties may occur, a decision may 
be taken, in accordance with the procedure laid down in 
Article 22, to suspend the application of these provisions for 
the period strictly necessary. 
In cases of extreme urgency, the Commission may, after 
examination of the situation, decide on the basis of all the 
information available to it to suspend advance fixing for a 
maximum of three working days. 
31. 12. 85 Official Journal of the European Communities No C 349/19 
Applications for import licences accompanied by 
applications for advance fixing lodged during the period of 
suspension shall be rejected. 
Article 14 
1. The benefit of the advance fixing system for levies or 
refunds referred to in Article 13 shall be subject to 
production of an advance fixing certificate issued by Member 
States to any applicant irrespective of the place of his 
establishment in the Community, or, in respect of products 
listed in Annex IV, the import licence referred to in 
Article 15 bearing information as to the advance fixing. 
2. The advance fixing certificate shall be valid throughout 
the Community. 
The issue of advance fixing certificates shall be conditional 
on the lodging of a deposit guaranteeing the commitment to 
import or export during the period of validity of the 
certificate; the deposit shall be forfeit in whole or in part if the 
transaction is not effected, or is only partially effected, within 
that period. 
3. The period of validity of advance fixing certificates, the 
amount of the deposit and the other detailed rules for the 
application of this Article shall be adopted in accordance 
with the procedure laid down in Article 22. 
Article 15 
1. Imports into the Community of the products listed in 
Annex IV shall be subject to production of an import licence 
which shall be issued by Member States to any applicant who 
applies for such a licence, irrespective of his place of 
establishment within the Community. Where the levy 
referred to in Article 10 is fixed in advance, the advance 
fixing shall be noted on the licence. 
The licence shall be valid throughout the Community. 
2. The issue of an import licence shall be conditional on the 
lodging of a deposit guaranteeing that import will be effected 
during the period of validity of the licence; except in cases of 
force majeure, the deposit shall be forfeit in whole or in part if 
the imports are not effected or are only partially effected 
within the period. 
3. The Council, acting by qualified majority on a proposal 
from the Commission, may decide to amend Annex IV. 
4. The period of validity of licences and the other detailed 
rules for application of this Article which may, in particular, 
make provision for a time limit for the issue of licences, shall 
be adopted in accordance with the procedure laid down in 
Article 22. 
Article 16 
To the extent necessary for the proper working of the 
common organization of the market in cereals, sugar and fruit and vegetables, the Council, acting by qualified 
majority on a proposal from the Commission, may, in special 
cases, prohibit, in whole or in part, the use of inward 
processing arrangements in respect of 
— the products referred to in Article 11 (1), and 
— fruit and vegetables, 
which are intended for the manufacture of the products listed 
in Article 1. 
Article 17 
1. The general rules for the interpretation of the Common 
Customs Tariff and the special rules for its application shall 
apply to the tariff classification of the products covered by 
this Regulation, the tariff nomenclature resulting from 
application of this Regulation shall be incorporated into the 
Common Customs Tariff. 
2. Save as otherwise provided in this Regulation or where 
Council, acting by qualified majority on a proposal from the 
Commission, decides otherwise, 
— the levying of any charge having equivalent effect to a 
customs duty, and 
— the application of any quantitative restriction or measure 
having equivalent effect, 
shall be prohibited in trade with non-member countries. 
3. However, for citrus fruit juices falling within heading 
No ex 20.07 of the Common Customs Tariff, with the 
exception of grapefruit juice, Member States may maintain 
the measures which were applicable until 1 January 1975 
concerning imports of such products originating in 
non-member countries, but without making them more 
restrictive. 
4. The potato products referred to in Article 1 shall be 
excluded from the scope of paragraph 2. 
Article 18 
1. If, by reason of imports or exports, the Community 
market in one or more of the products specified in Article 1 is 
likely to be exposed to serious disturbances which might 
endanger the objectives set out in Article 39 of the Treaty, 
appropriate measures may be applied in trade with 
non-member countries until such disturbances or the threat 
thereof has ceased. 
The Council, acting by qualified majority on a proposal from 
the Commission, shall adopt rules for the application of this 
paragraph and shall define the cases and the limits within 
which Member States may take protective measures. 
2. Should the situation referred to in paragraph 1 arise, the 
Commission, acting either at the request of a Member State 
or on its own initiative, shall decide what measures are 
necessary and communicate them to the Member States; such 
measures shall be immediately applicable. 
No C 349/20 Official Journal of the European Communities 31. 12. 85 
Requests received by the Commission from Member States 
shall be acted upon within 24 hours of receipt. 
3. Any measure decided on by the Commission may be 
referred to the Council by any Member State within three 
working days following the day on which they were 
communicated. The Council shall meet without delay. It 
may, acting by qualified majority, amend or annual the 
measure in question. 
TITLE III 
General provisions 
Article 19 
Save as otherwise provided in this Regulation, Articles 92, 
93 and 94 of the Treaty shall apply to production of and 
trade in the products listed in Article 1. 
Article 20 
Member States and the Commission shall communicate to 
each other the information necessary for implementing this 
Regulation. Rules for the communication and distribution of 
such information shall be adopted in accordance with the 
procedure laid down in Article 22. 
Article 21 
1. A Management Committee for Products Processed from 
Fruit and Vegetables (hereinafter called the Committee) shall 
be established, consisting of representatives of Member 
States with a Commission representative as chairman. 
2. Within the Committee the votes of Member States shall 
be weighted in accordance with Article 148 (2) of the Treaty. 
The chairman shall not vote. 
Article 22 
1. Where the procedure laid down in this Article is to be 
followed, the chairman shall refer the matter to the 
Committee either on his own initiative or at the request of the 
representative of a Member State. 2. The chairman shall submit a draft of the measures to be 
taken. The Committee shall deliver its opinion on such 
measures within a time limit to be set by the chairman 
according to the urgency of the matter. An opinion shall be 
delivered by a majority of 45 votes. 
3. The Commission shall adopt measures which shall apply 
immediately. However, if those measures are not in 
accordance with the opinion of the Committee, they shall 
forthwith be communicated by the Commission to the 
Council. In that event the Commission may defer application 
of the measures which it has adopted for 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 23 
The Committee may consider any other question referred to 
it by its chairman, either on his own initiative or at the 
request of the representative of a Member State. 
Article 24 
This Regulation shall be so applied that appropriate account 
is taken, at the same time, of the objectives set out in 
Articles 39 and 110 of the Treaty. 
Article 25 
1. Council Regulation (EEC) No 516/77 (>) is hereby 
repealed. 
2. Citations of and reference to Regulation (EEC) 
No 516/77 shall be construed as referring to this 
Regulation. 
Citations of and references to Articles of the said Regulation 
shall be construed as referring to this Regulation. 
Article 26 
This Regulation shall enter into force on 1 March 1986. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
(') OJNoL73,21.3. 1977, p. 1. 
31. 12. 85 Official Journal of the European Communities No C 349/21 
ANNEX I 
PART A 
Products referred to in Article 2 and 7 
CCT 
heading 
No Description 
Sultanas and currants 
Peeled tomatoes, whether or not whole, preserved by freezing 
Tomato flakes 
Dried figs 
Prunes derived from dried 'd'Ente' plums 
Peeled tomatoes, whether or not whole 
Tomato concentrate 
Tomato |uice (including passata) 
Peaches preserved in syrup 
Williams pears preserved in syrup 
Cherries preserved in syrup 
Tomato juice 
CCT 
heading 
No PARTB 
Products referred to in Article 9 
Description 
ex 08.04 B Dried grapes 
ANNEX II 
CCT 
heading 
No Description 
20.06 Fruit otherwise prepared or preserved, whether or not containing added sugar or spirit: 
B. Other: 
1. 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 actual 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 
No C 349/22 Official Journal of the European Communities 31. 12.85 
C:CT 
heading 
No Description 
20.06 3. Mandarins (including tangerines and satsumas); Clementines, ulikings and 
other similar citrus hybrids 
4. Grapes 
5. Pineapples 
aa' With a sugar content exceeding 1 ^ % by weight 
6. Pears: 
aai With a sugar content exceeding 1 3 % by weight 
"\ Peaches and apricots: 
JJ With a sugar content exceeding I 3 % h% weight 
8. Other fruits 
9. Mixtures of fruit 
b Containing added sugar, in immediate packings of a net capacity of 1 kg or 
2. Grapefruit segments 
V Mandarines, (including tangerines and satsumas); Clementines, wlikings and 
other simitar citrus hybrids 
4. Grapes 
V Pineapples: 
aa> With a sugar concent exceeding 19 % by weight 
6. Pears: 
aa) With a sugar content exceeding 15 % bv weight 
~. Peaches and apricots: 
j.i With a sugar content exceeding 15 % h\ weight 
H Other fruits 
**. Mixtures of fruit 
.4\\£\ 111 
i XT 
heading 
No 
20.0? 
20.04 Uescnpiiim 
Fruit preserved by freezing, containing added sugar: 
A. With a sugar content exceeding 13 % by weight 
Fruit, fruit-peel and pans of plants, preserved bv sugar drained, 
glace or crystallized): 
B. Other: 
1. With a sugar content exceeding I 3 % by weight 
Jams, fruit iellies, marmalades, fruit puree and fruit pastes, being 
cooked preparations, whether or not containing added sugar: 
A. Chestnut puree and paste: 
I. With a sugar content exceeding 13 % by weight 
B. Jams and marmalades of citrus fruit: 
I. With a sugar content exceeding 30 % by weight 
II. With a sugar content exceeding 13 % but not exceeding 
30 % by weight 
C. Other: 
I. With a sugar content exceeding 30 % by weight 
b) Other 
II. With a sugar content exceeding 13 % but not exceeding 
30 % by weight 47 
55 
10 
55 
10 13 
13 
13 
13 
13 
1.3 
13 
3i. 12. 85 Official Journal of the European Communities No C 349/23 
heading 
No Dc<n.nptKsn 
20.06 Fruit otherwise prepared or preserved, whether o. not containing 
added sugar or spirits: 
B Other: 
I. Containing added spirit: 
h Pineapples, in immediate packings of a net capaorv: 
1. Of mure than 1 kg: 
aa With a sugar content exceeding 1" % by weight 
2 Of 1 kg or less: 
aa/ With a sugar content exceeding 19 % by weight 
I. With a sugar content exceeding 13 % by weight 
d Peaches, pears and apricots, in immediate packings of a 
net capacity: 
1. Of more than 1 kg: 
.id) With a sugar content exceeding 13 "v> by 
weight: 
22 Other 
2. Of I kg or less: 
aa • With a sugar content exceeding 15 '%, by weight 
t Other fruits: 
1 With a sugar content exceeding 9 "., b\ weight: 
bbi Other 
f i Mixtures of fruit: 
1. With a sugar content exceeding 8 % bv weight: 
bbi Other 6 I? 
6 li 
9 ! 13 
10 9 
10 9 
10 9 
10 i 9 
20.0" Fruit |uices (including grape must) and vegetable |uices, whether or 
not containing added sugar, but unfermented and not containing 
A. Of a density exceeding 1,33 g cm' at 20 °C: 
II. Apple and pear |uice; mixtures of apple and pear |uice: 
b Other: 
— Apple |utce 
— Pear |uice and mixtures of apple and pear |uice . . 
111. Other: 
b) Other: 
— lemon and tomato |uices 
— Other fruit and vegetable imces, including mixed 
I juices 49 
49 
49 
49 3 
13 
B. Of a density of 1,33 g/cm1 or less at 20 °C: 
I. Grape, apple and pear juice (including grape must); mixtu­
res of apple and pear juice: 
b) Of a value of 18 ECU or less per 100 kg net weight: 
2. Apple juice: 
aa) With an added sugar content exceeding 30 % by 
weight 49 
3. Pear juice: 
aa) With an added sugar content exceeding 30 % by 
weight 49 13 
No C 349/24 Official Journal of the European Communities 31. 12.85 
CCT 
heading 
No Description 
20.(F 4. Mixtures of apple and pear |uice: 
aa) With an added sugar content exceeding 30 % b> 
weight 
!!. Other: 
b Of a value of 30 ECU or less per 100 kg net weight: 
1. Orange |uicr: 
ij With .;n added sugar content exceeding 30 "„ bv 
2. Grapefruit |uice: 
aa) With an added sugar content exceeding 30 % by 
weight 
V lemon |uice: 
aa) With an added sugar content exceeding 30 % by 
weight 
4 Other citrus fruit IUICCS: 
id With an added sugar content exceeding 30 *%> by 
V Pineapple |uice: 
J.I With an added sugar content exceeding 30 "/„ bv 
weight 
h 
Other truit and \cgctable |iuces: 
.i.i VX'ith an added sugar content exceeding 30 "., bv 
weight 
8. Mixtures: 
AA) Of citrus fruit |uices and pineapple iuice: 
11. With an added sugar content exceeding 
30 % by weight 
bb Other: 
11. With an added sugar content exceeding 
?(> % by weight 49 
49 
49 
49 
49 
49 13 
13 
13 
13 
13 
13 
13 
13 
13 
AW EX IV 
( I I 
c\ tr.oi B 
c\ tr.m K 
c\ if.(14 B 
08.03 B 
08.04 B 
ex 08.10 A 
ex 08.10 D 
ex 08 
08 
ex 20 
20 
20 11 E 
12 C 
01 c 
02 A 
02 C 
20 02 G 
ex 20 03 Description 
Peeled tomatoes preserved bv freezing 
Mushrooms 
Tomato (lakes 
Dried figs 
Dried grapes 
Raspberries and strawberries, whether or not cooked, preserved by freezing without 
added sugar 
Cherries, whether or noi cooked, preserved by freezing without added sugar 
Raspberries, and strawberries and cherries provisionally preserved 
Prunes 
Mushrooms prepared or preserved by vinegar or acetic acid 
Mushrooms, prepared or preserved 
Tomatoes, prepared or preserved 
Peas, beans in pod, prepared or preserved 
Raspberries, strawberries and cherries preserved by freezing containing added 
31. 12. 85 Official Journal of the European Communities No C 349/25 
cc I 
heading Description 
ex 20.05 C 
C III 
ex 20.06 B 
B 
B 
ex 20.06 B 
B 
B 
B 
B 
ex 20.06 B 
B 
B 
B 
ex 20.06 B 
B 
B 
B 
ex 20.0" B 
B 1 b' ( II and Jams, fruit tellies, marmalades, fruit purees and fruit paste being cooked pre­
parations, whether or not containing added sugar: 
— made from raspberries and strawberries 
A.\> 11 f Peaches, prepared or preserved 
bb 11 
bb, 
!l J 5 
If hi 6 II a 
lib 
lib 
Ha­
ll b.' "* 
II b) 7 bb) 22 i y Apricots, prepared or preserved 
II t) 1 
He) 2 
II a) 8 
lib) X 
lie 1 
lie 2 
II a 6 
II b 6 
lie 1 
IK 2 ii Raspberries, strawberries and cherries, prepared or preserved 
bb 
Pears, prepared or preserved 
Tomato juices 
AWES V 
CORRELATION TABLE 
Regulation (EEC) No 516/77 
Article I 
Article 2 
Article 2a 
Article 3 
Article 5A 
Article 3b 
Article 3c 
Article ?d 
Article 3e 
Article 4 
Article 4a 
Article 5 
Article 6 
Article "* T 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14 
Article 17 
Article 18 
Article 19 
Article 20 
Article 21 
Article 22 
Annex I, Part I 
Annex 1, Part II 
Annex la 
Annex /J 
Annex IV This Regulation 
Article 1 
Article 10 
Article 1 (2) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 11 
Article 12 
Article 11 (3) 
Article 10 (8), last subparagraph 
Article 13 
Article 14 
Article 15 
Article 14(1) 
Article 16 
Article 17 
Article 18 
Article 19 
Article 20 
Article 21 
Article 22 
Article 23 
Article 24 
Annex II 
Annex III 
Annex 1 
Annex IV 
Annex V