THE FIRST QUESTION, THESE TWO QUESTIONS NO LONGER HAVE ANY PURPOSE .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP, IN THE ACTION PENDING BEFORE THE FINANZGERICHT, BERLIN, THE DECISION ON COSTS IS THEREFORE A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE FINANZGERICHT, BERLIN, BY ORDER OF THAT COURT OF 12 JANUARY 1971, HEREBY RULES :
THE PROVISIONS OF ARTICLE 2 OF REGULATION NO 865/68 OF THE COUNCIL OF 28 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES, IN CONJUNCTION WITH ADDITIONAL NOTE NO 2 TO CHAPTER 20 OF THE COMMON CUSTOMS TARIFF, TO WHICH REFERENCE IS MADE IN ARTICLE 9 OF THE SAID REGULATION, MUST BE INTERPRETED AS MEANING THAT ONLY PRODUCTS PROCESSED BY THE ACTUAL ADDITION OF SUGAR ARE SUBJECT TO THE LEVY, BUT THAT IF THE SUGAR CONTENT OF A PRODUCT COMING UNDER TARIFF HEADING 20.06 B I ( E ) EXCEEDS 9 PER CENT BY WEIGHT, IT IS FOR THE IMPORTER TO PROVE THAT THE PRODUCT CONTAINS ONLY NATURAL SUGAR .