CELEX: 51985PC0642
Language: en
Date: 1985-11-25
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES

3 1 . 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.                                    Whereas the operations and development of the common
                                                                            market in agricultural products must be accompanied by the
Having regard to the Treaty establishing the European                       establishment of a common agricultural policy to include in
Economic Community, and in particular Articles 42 and 43                    particular a common organization of agricultural markets
thereof,                                                                    which may take various forms depending on the product;
Having regard to the proposal from the Commission,                          Whereas the producer prices for certain products processed
                                                                            from fruit and vegetables which are of particular importance
Having regard to the opinion of the European Parliament,                    in the Mediterranean regions of the Community are
                                                                            considerably higher than in non-member countries; whereas
Whereas the basic provisions concerning the organization of                 the Community products should therefore be made more
the market in products processed from fruit and vegetables                  competitive by adopting the necessary measures to enable
have been amended a number of times; whereas by reason of                   them to be sold at prices which compete with those charged
their number, their complexity and their dispersal among                    by the major non-member producing countries;
various Official Journals of the European Communities,
these texts are difficult to use, and thus lack the clarity which           Whereas, to this end, a system of production aid should be
should be an essential feature of all legislation; whereas they             introduced enabling the products in question to be
should therefore be consolidated in a single text, at the same              manufactured at a price lower than that which would result
time making certain amendments which experience has                         from the payment of a remunerative price to producers of the
shown to be desirable;                                                      fresh products; whereas this system should be linked to a
 ---pagebreak--- No C 349/12                                Official Journal of the European Communities                                   31. 12. 85
system of contracts providing both for regular supplies to the        Whereas, therefore, provision should be made under the said
processing industries and a minimum price to be paid by               system for the granting of storage aid to the storage agencies
processors to producers;                                              and for compensation of any losses to such agencies when
                                                                      selling the products in store;
Whereas, because of the abundant supply of raw materials              Whereas, in the case of certain products in this sector of
and the elasticity of processing capacity, there is a danger that     which the Community is a major importer, a minimum
granting aid for the production of processed fruit and                import price system should be introduced in order to
vegetables might encourage such production to expand                  encourage greater market stability and to facilitate the proper
considerably from year to year; whereas, in order to avoid            operation of the aid system, combined with countervailing
any difficulties in selling processed products, provision             charges to ensure that minimum prices are observed;
should be made for limiting the grant of aid to part of the
production;
                                                                      Whereas the common organization of the market in products
                                                                      processed from fruit and vegetables must include a single
Whereas, in view of the link between prices for products              trading system at the frontiers of the Community with a view
intended to be consumed fresh and prices for products                 to stabilizing the Community market by preventing price
intended for processing, provision should be made for                 fluctuations on the world market from affecting prices within
minimum producer prices to be determined taking into                  the Community; whereas in this context quantitative
account the basic prices for fruit and vegetables for                 restrictions and measures having equivalent effect should be
consumption as fresh, and the need to maintain a sufficient           prohibited in trade with non-Member States;
balance between the various uses for fresh products;
                                                                      Whereas sugar, glucose and glucose syrup have a direct and
                                                                      substantial effect on the cost price of certain processed
Whereas provision should be made for a monthly increment
                                                                      products; whereas the trading system for the latter must
of the minimum price for certain products intended for
                                                                      therefore be brought into line with those for sugar and
 processing which can be stored;
                                                                      cereals;
 Whereas the amount of aid is to compensate the difference            Whereas provisions must therefore be adopted to ensure that
 between producer prices within the Community and those of            a levy is charged on the sugar components incorporated in
 non-member countries; whereas therefore, provision should            processed products under conditions similar to those
 be made for a calculation which takes account in particular of       adopted under Council Regulation (EEC) No 1785/81 of
 changes in the minimum price and includes, where necessary,          30 June 1981 on the common organization of the markets in
 a flat-rate adjustment for other costs; whereas minimum              the sugar sector (>), as last amended by Regulation (EEC)
 import prices should be referred to for the purpose of               No 482/85 ( 2 ); whereas an identical import charge should
 calculating aid for products subject to such prices;                 also be levied on the glucose and glucose syrup components
                                                                      incorporated as sugar substitutes in the processed products
                                                                      concerned;
 Whereas, in the case of a number of products, and in
 particular those processed from tomatoes packaging
                                                                      Whereas this method of calculation calls for frequent
 represents a widely varying proportion of the weight of the
                                                                      alteration to the levy in question; whereas, in view of the
 product; whereas the grant of aid for packaged products may
                                                                      nature of the products concerned, this levy should only be
 result in artificial distortions between different processors;
                                                                      fixed quarterly;
 whereas the aid should therefore be calculated on the basis of
 the raw material processed;
                                                                      Whereas special provisions are necessary for occasions when
                                                                      one of the elements for calculating the levy is not known;
 Whereas, in order to facilitate the marketing of the processed
 products in question end adjust their quality more closely to
                                                                      Whereas provisions should be made in respect of sensitive
 market requirements, provision should be made for laying
                                                                      products, for the establishment of a system of import
down Community quality standards; whereas, pending the
                                                                      licences; whereas for the proper working of this system it is
 adoption of such standards, aid should be made conditional
                                                                      necessary to lay down that the issue of import licences must
 on compliance with current national standards;
                                                                      involve the lodging of a security guaranteeing the
                                                                      undertaking to import during the period of validity of the
                                                                      licences;
 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              Whereas, similarly, in respect of sugars incorporated in
that the finished product, having regard to its specific              processed products for export to non-member countries,
characteristics, is of satisfactory quality; whereas, given the       provisions should be made for granting a refund designed to
present state of the market in dried grapes and dried figs both       cover the differences between prices for sugar ruling outside
within the Community and at world level, provision should
be made for a limited purchasing system ending at the end of          («) OJNoL 177, 1.7. 1981, p. 4.
the marketing year;                                                   (2) OJ NoL 151, 10.6. 1985, p. 1.
 ---pagebreak--- 31. 12. 85                               Official Journal of the European Communities                                      No C 349/13
and inside the Community; whereas this system should take               Whereas the measures provided for by the present Regulation
into consideration that refunds for glucose and glucose syrup           may prove inadequate in exceptional circumstances; whereas
are fixed in accordance with the provisions of Council                  to ensure that in such cases the Community market is not left
Regulation (EEC) No 2727/75 of 29 October 1975 on the                   completely exposed to the disturbances which might result,
common organization of the market in cereals (')> as last               the Community should be allowed to take appropriate action
amended by Regulation (EEC) No 1018/84 (2);                             without delay;
Whereas to enable processed products without added sugars               Whereas the establishment of a single market would be
to have access to the markets of non-member countries,                  jeopardized by the grant of certain aids; whereas, therefore,
provision should be made for the grant of an export refund;             the provisions of the Treaty which allow the assessment of
whereas for products containing added sugars this general               aids granted by Member States and the prohibition of those
refund should be granted only in cases where the refund in              which are incompatible with the common market should be
respect of the added sugars contained in the products would             applied to products processed from fruit and vegetables;
not be sufficient to permit their exportation;
                                                                        Whereas, in order to facilitate implementation of the
Whereas, in the interests of stability in commercial                    proposed measures, a procedure should be provided for
transactions, consideration should be given to allowing those           establishing close cooperation between Member States and
concerned to have the amounts of the levies and refunds fixed           the Commission within a management committee;
in advance; whereas, in the interests of sound
administration, provision should be made for the                        Whereas the common organization of the market in products
introduction of advance fixing certificates, and for the                processed from fruit and vegetables must take appropriate
lodging of a security in respect of these certificates to               account, at the same time, of the objectives set out in
guarantee the undertaking to import or export during the                Articles 39 and 110 of the Treaty;
period of validity of the certificate;
                                                                        Whereas the expenditure incurred by Member States as a
Whereas provision should also be made, where necessary for              result of obligations arising out of the application of this
the proper functioning of the system outlined above, for                Regulation is to be financed by the Community in accordance
regulating or, in so far as the situation on the market                 with Articles 2 and 3 of Council Regulation (EEC)
requires, prohibiting in whole or in part the use of inward             No 729 / 70 of 21 April 1970 on the financing of the common
processing arrangements; whereas, moreover, refunds                     agricultural policy ( 3 ), as last amended by Regulation (EEC)
should be so fixed that Community basic products used by                No 870/85 ( 4 ),
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;                                                              HAS ADOPTED THIS REGULATION:
(') OJNoL281, 1. 11. 1975, p. 1.                                        (') OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ NoL 107, 19.4. 1984, p. 1.                                       (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                                                Description
                          No
              a) ex 07.02                Vegetables (whether or not cooked), preserved by freezing, excluding olives
                 ex 07.03                Vegetables provisionally preserved in brine, in sulphur water or in other preserva-
                                         tive solutions, but not specially prepared for immediate consumption, excluding
                                         olives
                 ex 07.04                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
                 ex 08.03 B              Dried figs
 ---pagebreak--- No C 349/14                              Official Journal of the European Communities                                         31. 12. 85
                         CCT
                       heading                                                 Description
                          No
                 ex 08.04 B               Dried grapes
                    08.10                 Fruit (whether or not cooked), preserved by freezing, not containing added
                                          sugar
                    08.11                 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
                    08.12                 Fruit, dried, other than that falling within headings No 08.01, 08.02, 08.03,
                                          08.04 or 08.05
                    08.13                 Peel of melons and citrus fruit, fresh, frozen, dried or provisionally preserved in
                                          brine, in sulphur water or in other preservative solutions
              b)ex 13.03 B                Pectic substances and pectinates
                 ex 20.01                 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
                 ex 20.02                 Vegetables prepared or preserved otherwise than by vinegar or acetic acid, other
                                          than olives
                    20.03                 Fruit preserved by freezing, containing added sugar
                    20.04                 Fruit, fruit peel and parts of plants, preserved by sugar (drained, glace or
                                          crystallized)
                    20.05                 Jams, fruit jellies, marmalades, fruit puree and fruit pastes, being cooked
                                          preparations, whether or not containing added sugar
                    20.06                 Fruit otherwise prepared or preserved, whether or not containing added sugar or
                                          spirit
                 ex 20.07                 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:                                     (d) 1 September to 31 August for:
(a) 10 May to 9 May for cherries preserved in syrup and
                                                                                   — dried grapes falling within subheading 08.04 B
    falling within subheading 20.06 B of the Common
                                                                                        of the Common Customs Tariff,
    Customs Tariff;
(b) 1 July to 30 June for:                                                         — prunes derived from dried 'prunes d'Ente'
                                                                                         falling within subheading 08.12 C of the
     — peeled tomatoes, whether or not cooked, preserved
                                                                                        Common Customs Tariff.
         by freezing, falling within subheading 07.02 B of the
         Common Customs Tariff,                                          The marketing year for other products shall be laid down,
     — tomato flakes falling within subheading 07.04 B of                where required, in accordance with the procedure provided
         the Common Customs Tariff,                                      for in Article 22. Changes to be made to the marketing years
    — tomatoes, prepared or preserved, falling within                    as defined in the first subparagraph may be adopted in
         subheading 20.02 C of the Common Customs                        accordance with the same procedure.
         Tariff,
    — peaches preserved in syrup, falling within
         subheading 20.06 B of the Common Customs
         Tariff,
                                                                                                      TITLE I
    — tomato juices falling within heading No 20.07 of the
         Common Customs Tariff,                                                                   Production aid
    — 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,                                        Article 2
    falling within subheading 20.06 B of the Common
    Customs Tariff;                                                      1. A system of production aid shall apply to the products
 ---pagebreak--- n.nu^                                     Official journal of the European Communities                                  ^oC^^Bt^
listed in ^nnex 1, l^art ^ and obtained from fruit and               2. The minimum price forsultanas,currants and dried figs
vegetables grown in the Community.                                   validatthestartofthemarketingyearshallbemcreasedeach
                                                                     month, starting with the third month of the marketing year
2. TheCouncil,actingbyao,ualifiedma^ontyonaproposal                  and continuing to the end of the marketing year,byafixed
from theCommission,may decide to amend ^ n n e x l , ^ a r t ^       amount corresponding to storage costs.
in the light of production and marketing conditions for the
products concerned                                                   3. minimum prices shall be fixed before the beginning of
                                                                     each marketing year.
3 ^ h e r e the Community production potential for a
product referred to in paragraph Ms hkely to causeama^or             ^t. minimum prices, the monthly increments referred to in
imbalance between production and market outlets the                  paragraph^and detailed rules for applying this article shall
Council,acting by^^uahfied majority onaproposal from                 be adopted in accordance with the procedures provided form
the Commission, may take appropriate measures, in                    article 22.
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       ^ The amountof aid shall be so fixed as to enable the
 in question                                                         Community product concerned to be marketed. In
                                                                     calculatmgthe amount of aid,withoutpremdiceto measures
                                                                     taken pursuant to ^ r t i c l e 2 0 ^ , account shall be taken in
                                                                     particular of the following factors^
                                                                     — the amount of aid fixed for the previous marketing year
 1 l^roducnona^shall be granted to processors who have                    adjusted to takeaccount of changes in themimmum
 pa^d producers for their raw matenalsaprice not less than                pr^cesreferredtom^rticle^,thethird^countrypnceand,
 themmimumpnceundercontractsbetweenproducersor                            if necessary,the pattern of processing costs assessed ona
 recogn^edproducers^groups or associations thereof, on the                flatrate basis,
 one hand, and processors or processors^ groups and                  — where relevant, the prices at which the Community
 associations thereof,on the other hand,tegaltyconst^tutedm               products are sold on the Community market.
 the Community
                                                                     2. however, the third country price factor referred to in
 2 In thecaseof currants,contractsofthekindreferred to in            paragraphs shallbereplacedby^
 paragraphtshall be accompanied byawntten undertaking
 by the grower towithold from delivery to the processing             — apnce based on the Community market price, the price
 industry for processing into currants for sale,a^uantity not             trend and the outlets available on the Community
 less than a percentage to be determined of the quantity                  market, in cases where the volume of imports makes the
covered by the contract                                                   third country price unrepresentative,
                                                                     — the minimum import pncemcases where such prices are
 3 The Council,acting by o,uahfied majority onaproposal                   fixed pursuant to ^rticle^.
 from the Comm^ss^on, shall fix the percentage provided for
 mparagraph^
                                                                     3. The aid shall be fixedmrespect of the net weight of the
                                                                     processed product. The coefficients expressing the
 ^t detailed rules for the application of th^s^rncle shall be        relationship between the weight of raw material processed
 adopted in accordance w^th the procedure provided form              and the net weight of the processed product shall be defined
 ^rt^cle^                                                            o n a f l a t r a t e basis
                                                                     ^t. The Council,acting by qualified majority onaproposal
                                                                     from the Commission, shall adopt general rules for applying
                                                                     this^rticle^
 t. The minimum price to be paid to producers shall,                 ^. The amount ofaid shall be fixed before the begmnmgof
withoutpre^udiceto the measures taken pursuantto^rticle^             each marketing year m accordance with the procedure
^n, be calculated on the basis of^                                   providedformArticle22.Thedetailedrulesforapplymgtms
                                                                     article shall be adopted in accordance with the same
^     the minimum priLe applying during the previous                 procedure.
      marketing year^
^     the movement of basic pncesmthe fruit and vegetable
      sectors
^     the need to ensure normal marketing of fresh products          L ^ i d s h a l l b e granted to processors only for processed
      for the various uses.                                          products which^
 ---pagebreak--- No C 349/16                               Official Journal of the European Communities                                  31. 12. 85
(a) have been produced from raw materials for which the              4. The products purchased by the storage agencies shall be
      applicant has paid at least the minimum price referred to      disposed of on terms which do not jeopardize the balance of
      in Article 4;                                                  the market and which ensure equal access to the products for
                                                                     sale and equal treatment of purchasers.
(b) meet minimum Community quality standards to be laid
      down.                                                          For products which cannot be disposed of on normal terms,
                                                                     special measures may be taken.
Until such time as Community standards come into effect,
the products concerned must meet current national                    5. Storage aid shall be granted to storage agencies for the
standards.                                                           quantities of products which they have purchased and for the
                                                                     actual duration of storage.
2. In the case of sultanas and currants, aid shall be paid only
to processors who have not processed and subsequently do
                                                                     6. Financial compensation equal to the difference between
not process for commercial sale a quantity of sultanas and
                                                                     the purchase price paid by the storage agencies and the selling
currants equal to a percentage, to be determined, of the
                                                                     price shall be granted to the storage agencies. This
quantity of sultanas and currants bought. Such quantities not
                                                                     compensation shall be reduced in line with any profits
processed shall not be eligible for aid.
                                                                     resulting from the difference between the purchase price and
                                                                     the selling price.
 3. The Council, acting by qualified majority on a proposal
 from the Commission, shall fix the percentages referred to in
                                                                     7. The Council, acting by a qualified majority on a proposal
 paragraph 2.
                                                                     from the Commission, shall adopt the general rules for the
                                                                     application of this Article.
 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          8. Detailed rules for the application of this Article shall be
 for in Article 22.                                                  adopted in accordance with the procedure laid down in
                                                                     Article 22.
                             Article 7
                                                                                                TITLE II
 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                              Trade with non-member countries
 countries.
 2. The Council, acting by qualified majority on a proposal                                     Article 9
 from the Commission, shall adopt the standards referred to
 in paragraph 1 and may designate other products to be made           1. A minimum import price for each marketing year shall
 subject to quality standards and the standards themselves.          apply for the products listed in Annex I, Part B.
                                                                     2. Minimum import prices shall be determined having
                                                                     regard in particular to:
                             Article 8
                                                                     — the free-at-frontier       prices  on   import    into    the
  1. The agencies or legal or natural persons approved by the            Community,
 Member States concerned, hereinafter called 'storage
 agencies', shall purchase, during the last two months of the        — the prices obtaining in international trade,
 marketing year, sultanas and currants and dried figs
 produced in the Community during the current marketing              — the situation on the internal Community market,
 year provided that the products comply with quality
 standards to be determined. Sultanas and currants shall be          — the trend of trade with third countries.
 purchased up to any limits laid down pursuant to Article 2
 (3).                                                                3. Where the minimum import price is not observed, a
                                                                     countervailing charge in addition to customs duty shall be
 Spanish and Portuguese storage agencies shall only buy              imposed, based on the prices of the main supplier countries
 products obtained from the 1986/87 and subsequent                   outside the Community.
 marketing years.
                                                                     4. A countervailing charge shall not be levied on imports
 2. The storage agencies shall purchase the quantities               from non-member countries which are prepared to
 offered at the minimum price applicable at the beginning of         guarantee, and are in a position so to guarantee, that the
 the marketing year.                                                 price of imports originating in and exported from their
                                                                     territory will not undercut the minimum import price and
 3. Article 3 (2) shall apply in respect of currants.                that deflections of trade will be prevented.
 ---pagebreak--- 31. 12. 85                                 Official Journal of the European Communities                               No C 349/17
5. The Council, acting by qualified majority on a proposal            known by the 15 th day of the month preceding the quarter
from the Commission:                                                  for which the difference is to be determined, the Commission
                                                                      shall proceed to calculate the difference, substituting for the
— may decide to amend the list of products for which                  missing element of the calculation the element which was
     minimum prices have been introduced,                             taken into account in calculating the difference for the
                                                                      current quarter.
— shall adopt general rules implementing this Article, which
     may, in particular, provide for a system of advance fixing       The difference shall be correced by the Commission and
     of the minimum import price.                                     made to apply not later than the 16th day following the date
                                                                      on which the missing information comes to hand.
6. Minimum import prices, the amount of the
                                                                      The correction shall not be made however if the information
countervailing charge and other detailed rules for the
                                                                      only becomes available after the beginning of the last month
application of this Article shall be adopted in accordance
                                                                      of the quarter in question.
with the procedure provided for in Article 22.
                                                                      7. 'Added sugars content' for the products listed in
                                                                      Annex HI shall mean the reading obtained by using a
                           Article 10                                 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
 1. In addition to customs duty, an import levy shall be              by the figure appearing in column (2) of Annex III.
charged on the various added sugars contained in the
products listed in Annexes II and 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
2. Products listed in Annex II shall be considered as                       kilograms net weight of a product is three kilograms or
containing added sugar. The import levy for such products is                more above the content expressed by the figure
2 % ad valorem of the customs value.                                        appearing in column (1) of Annex III, the difference
                                                                            referred to in paragraph 4 multiplied by a figure
3. For 100 kilograms net of the products shown in Annex III                 representing the added sugar content;
the import levy shall be equal to,
                                                                      (b) in cases where the added sugars content per 100
(a) the difference between                                                  kilograms net weight of a product is two kilograms or
                                                                            more below the content expressed by the figure
      (i) the average of the threshold prices for one kilogram              appearing in column (1) of Annex III, the difference
          of white sugar for each month of the quarter for                  referred to in paragraph 4 multiplied by a figure
          which the difference is being determined, and                     representing the added sugar content.
     (ii) the average of the cif prices for one kilogram of           The provisions under (b) shall apply only at the importer's
          white sugar used in fixing the levies on white sugar,       request and if the products are accompanied by a declaration
          calculated for a period consisting of the first 15 days     from the importer indicating the added sugar content
          of the month preceding the quarter for which the            established by the method referred to in paragraph 7.
          difference is being determined and the two months
          immediately preceding that month;
                                                                      9. The Council, acting by qualified majority on a proposal
(b) this difference being multiplied by the figure for                from the Commission, may amend Annexes II and III.
     the product in question appearing in column (1) of
     Annex III.                                                       10. Detailed rules for the application of this Article shall be
                                                                      adopted as necessary in accordance with the procedure laid
No levy shall be charged if the amount at (a) (ii) is higher than     down in Article 22.
the amount at (a) (i).
4. The difference provided for in paragraph 3 shall be fixed                                    Article 11
by the Commission for each quarter of the calendar year.
                                                                      1. A refund shall be granted to permit exports to
5. Should the threshold price referred to in paragraph 3 (a)          non-member countries of
(i) change during a quarter, the Council, acting by qualified
majority on a proposal from the Commission, shall decide              — white sugar and raw sugar falling within heading
whether there is any need to make an ajustment and, if                    No 17.01 of the Common Customs Tariff,
necessary, determine the measures to be taken to that
                                                                      — glucose and glucose syrup falling within subheadings
end.
                                                                           17.02 B I and B II of the Common Customs Tariff,
6. Should one of the elements to be taken into account in             — isoglucose falling within subheading 17.02 D I of the
calculating the difference referred to in paragraph 3 not be              Common Customs Tariff, and
 ---pagebreak--- No C 349/18                                 Official Journal of the European Communities                                    3 1 . 12. 85
— beet and cane syrups falling within subheading 17.02 DII             The refunds shall be fixed at regular intervals in accordance
    of the Common Customs Tariff,                                      with the procedures laid down in Article 22.
incorporated in the products listed in Article 1 (b).                  Where necessary the Commission may, at the request of a
                                                                       Member State or on its own initiative, alter the refund in the
The refund shall be granted on application.                            intervening period.
2. For 100 kilograms net of exported product the refund                3. Where the refund fixed pursuant to Article 11 is not
granted shall be equal:                                                sufficient to permit exports of the products listed in Annex
                                                                       IV, the provisions of this Article instead of those of Article 11
— in the case of raw sugar, white sugar and beet and cane              shall apply to these products.
     syrups, to the amount of the refund per kilogram of
    sucrose fixed in accordance with Article 19 of Regulation
                                                                       4. The Council, acting by qualified majority on a proposal
    (EEC) No 1785/81 and with the provisions adopted for
                                                                       from the Commission, shall lay down general rules for
     its application for the products listed in Article 1 (1) (d) of
                                                                       granting refunds and criteria for fixing the amount of such
     that Regulation, multiplied by a figure expressing the
                                                                       refunds.
     quantity of sucrose used per 100 kilograms net of finished
     product.
                                                                       5. Detailed rules for the application of this Article shall be
— in the case of isoglucose, to the amount of the refund               adopted in accordance with the procedure laid down in
     per kilogram of dry matter fixed in accordance with               Article 22.
     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                                    Article 13
     product,
                                                                       1. The levy referred to in Article 10 and the refunds referred
— in the case of glucose and glucose syrup, to the amount of           to in Articles 11 and 12 shall be those applicable on the day of
     the refund per kilogram fixed for each of these products          import or export.
     in accordance with Article 16 of Regulation (EEC)
     No 2727/75 and with the provisions adopted for
                                                                       2. However, the levy provided for in Article 10 or the
     its application, multiplied by a figure expressing
                                                                       refund provided for in Article 11, applicable on the day on
     the quantity of glucose or glucose syrup used per
                                                                       which application for an advance fixing certificate is lodged,
      100 kilograms net of finished product.
                                                                       shall be applied to a transaction effected during the period of
                                                                       validity of the certificate if the party concerned so requests
 3. To qualify for the refund the products shall be                    when applying for the certificate. The levy shall be adjusted
 accompanied by a declaration from the applicant indicating            on the basis of the threshold price for white sugar in force on
 the amounts of sucrose, isoglucose, glucose and glucose               the day of import.
 syrup used in the manufacture.
                                                                       3. The Council, acting by qualified majority on a proposal
 4. The Council, acting by a qualified majority on a proposal          from the Commission, may decide that the system provided
 from the Commission, shall adopt general rules for granting           for in paragraph 2 shall also apply to the refunds referred to
 refunds.                                                              in Article 12.
 5. Detailed rules for the application of this Article shall be        4. Detailed rules for the application of paragraph 1 and 2
 adopted in accordance with the procedure laid down in                 shall be adopted as necessary in accordance with the
 Article 22.                                                           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
                             Article 12                                exceptional circumstances.
 1. To the extent necessary to enable products listed in               6. Where examination of the market situation reveals
 Article 1 and not containing added sugar to be exported in            difficulties due to the application of the provisions
 economically significant quantities on the basis of prices for        concerning the advance fixing of the levy or of the export
 those products in the world market, the difference between            refund, or that such difficulties may occur, a decision may
 those prices and prices within the Community may be                   be taken, in accordance with the procedure laid down in
 covered by an export refund.                                          Article 22, to suspend the application of these provisions for
                                                                       the period strictly necessary.
 2. The refund shall be the same throughout the
 Community. It may be varied according to use or                       In cases of extreme urgency, the Commission may, after
 destination.                                                          examination of the situation, decide on the basis of all the
                                                                       information available to it to suspend advance fixing for a
 The refund shall be granted on application.                           maximum of three working days.
 ---pagebreak--- 31. 12. 85                                   Official Journal of the European Communities                              No C 349/19
Applications for import licences accompanied by                         fruit and vegetables, the Council, acting by qualified
applications for advance fixing lodged during the period of             majority on a proposal from the Commission, may, in special
suspension shall be rejected.                                           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
                           Article 14
                                                                        — fruit and vegetables,
1. The benefit of the advance fixing system for levies or
                                                                        which are intended for the manufacture of the products listed
refunds referred to in Article 13 shall be subject to
                                                                        in Article 1.
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 17
Article 15 bearing information as to the advance fixing.
                                                                        1. The general rules for the interpretation of the Common
2. The advance fixing certificate shall be valid throughout             Customs Tariff and the special rules for its application shall
the Community.                                                          apply to the tariff classification of the products covered by
                                                                        this Regulation, the tariff nomenclature resulting from
The issue of advance fixing certificates shall be conditional           application of this Regulation shall be incorporated into the
on the lodging of a deposit guaranteeing the commitment to              Common Customs Tariff.
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      2. Save as otherwise provided in this Regulation or where
that period.                                                            Council, acting by qualified majority on a proposal from the
                                                                        Commission, decides otherwise,
3. The period of validity of advance fixing certificates, the
amount of the deposit and the other detailed rules for the              — the levying of any charge having equivalent effect to a
application of this Article shall be adopted in accordance                  customs duty, and
with the procedure laid down in Article 22.
                                                                        — the application of any quantitative restriction or measure
                                                                             having equivalent effect,
                            Article 15                                  shall be prohibited in trade with non-member countries.
 1. Imports into the Community of the products listed in                3. However, for citrus fruit juices falling within heading
Annex IV shall be subject to production of an import licence            No ex 20.07 of the Common Customs Tariff, with the
which shall be issued by Member States to any applicant who             exception of grapefruit juice, Member States may maintain
applies for such a licence, irrespective of his place of                the measures which were applicable until 1 January 1975
establishment within the Community. Where the levy                      concerning imports of such products originating in
referred to in Article 10 is fixed in advance, the advance              non-member countries, but without making them more
fixing shall be noted on the licence.                                   restrictive.
The licence shall be valid throughout the Community.                    4. The potato products referred to in Article 1 shall be
                                                                        excluded from the scope of paragraph 2.
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                                   Article 18
force majeure, the deposit shall be forfeit in whole or in part if
the imports are not effected or are only partially effected              1. If, by reason of imports or exports, the Community
within the period.                                                      market in one or more of the products specified in Article 1 is
                                                                        likely to be exposed to serious disturbances which might
3. The Council, acting by qualified majority on a proposal              endanger the objectives set out in Article 39 of the Treaty,
from the Commission, may decide to amend Annex IV.                      appropriate measures may be applied in trade with
                                                                        non-member countries until such disturbances or the threat
4. The period of validity of licences and the other detailed            thereof has ceased.
rules for application of this Article which may, in particular,
                                                                        The Council, acting by qualified majority on a proposal from
make provision for a time limit for the issue of licences, shall
                                                                        the Commission, shall adopt rules for the application of this
be adopted in accordance with the procedure laid down in
                                                                        paragraph and shall define the cases and the limits within
Article 22.
                                                                        which Member States may take protective measures.
                                                                        2. Should the situation referred to in paragraph 1 arise, the
                           Article 16                                   Commission, acting either at the request of a Member State
                                                                        or on its own initiative, shall decide what measures are
To the extent necessary for the proper working of the                   necessary and communicate them to the Member States; such
common organization of the market in cereals, sugar and                 measures shall be immediately applicable.
 ---pagebreak--- No C 349/20                              Official Journal of the European Communities                                   31. 12. 85
Requests received by the Commission from Member States              2. The chairman shall submit a draft of the measures to be
shall be acted upon within 24 hours of receipt.                     taken. The Committee shall deliver its opinion on such
                                                                    measures within a time limit to be set by the chairman
3. Any measure decided on by the Commission may be                  according to the urgency of the matter. An opinion shall be
referred to the Council by any Member State within three            delivered by a majority of 45 votes.
working days following the day on which they were
communicated. The Council shall meet without delay. It              3. The Commission shall adopt measures which shall apply
may, acting by qualified majority, amend or annual the              immediately. However, if those measures are not in
measure in question.                                                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.
                           TITLE III
                                                                    The Council, acting by qualified majority, may take a
                     General provisions                             different decision within one month.
                          Article 19
                                                                                                     Article 23
Save as otherwise provided in this Regulation, Articles 92,
                                                                    The Committee may consider any other question referred to
93 and 94 of the Treaty shall apply to production of and
                                                                    it by its chairman, either on his own initiative or at the
trade in the products listed in Article 1.
                                                                    request of the representative of a Member State.
                          Article 20
                                                                                                     Article 24
Member States and the Commission shall communicate to
each other the information necessary for implementing this          This Regulation shall be so applied that appropriate account
 Regulation. Rules for the communication and distribution of        is taken, at the same time, of the objectives set out in
such information shall be adopted in accordance with the            Articles 39 and 110 of the Treaty.
procedure laid down in Article 22.
                                                                                                     Article 25
                           Article 21
                                                                     1. Council Regulation (EEC) No 516/77 (>) is hereby
 1. A Management Committee for Products Processed from              repealed.
Fruit and Vegetables (hereinafter called the Committee) shall
be established, consisting of representatives of Member             2. Citations of and reference to Regulation (EEC)
States with a Commission representative as chairman.                No 516/77 shall be construed as referring to this
                                                                    Regulation.
2. Within the Committee the votes of Member States shall
be weighted in accordance with Article 148 (2) of the Treaty.       Citations of and references to Articles of the said Regulation
 The chairman shall not vote.                                       shall be construed as referring to this Regulation.
                          Article 22                                                                 Article 26
 1. Where the procedure laid down in this Article is to be          This Regulation shall enter into force on 1 March 1986.
followed, the chairman shall refer the matter to the
Committee either on his own initiative or at the request of the     This Regulation shall be binding in its entirety and directly
representative of a Member State.                                   applicable in all Member States.
                                                                    (') O J N o L 7 3 , 2 1 . 3 . 1977, p. 1.
 ---pagebreak--- 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                                           Description
                   No
                         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
                                                        PARTB
                                           Products referred to in Article 9
                  CCT
                 heading                                          Description
                   No
           ex 08.04 B    Dried grapes
                                                      ANNEX II
                  CCT
                heading                                           Description
                   No
                 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
 ---pagebreak--- No C 349/22                  Official Journal of the European Communities                                     31. 12.85
              C:CT
            heading                                               Description
               No
             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:
                                    J J 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                                Uescnpiiim
                No
             20.0?   Fruit preserved by freezing, containing added sugar:
                     A. With a sugar content exceeding 13 % by weight                                   13
              20.04  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                            13
                     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                   47        13
                     B. Jams and marmalades of citrus fruit:
                           I. With a sugar content exceeding 30 % by weight                   55        13
                          II. With a sugar content exceeding 13 % but not exceeding
                              30 % by weight                                                  10        13
                     C. Other:
                           I. With a sugar content exceeding 30 % by weight
                              b) Other                                                        55        1.3
                          II. With a sugar content exceeding 13 % but not exceeding
                              30 % by weight                                                  10        13
 ---pagebreak--- 3i. 12. 85                   Official Journal of the European Communities                             No C 349/23
           heading                                  Dc<n.nptKsn
             No
            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       6    I?
                                  2 Of 1 kg or less:
                                      aa/ With a sugar content exceeding 19 % by weight      6     li
                                   I. With a sugar content exceeding 13 % by weight          9 !  13
                              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                                        10     9
                                  2. Of I kg or less:
                                      aa • With a sugar content exceeding 15 '%, by weight  10     9
                              t   Other fruits:
                                   1 With a sugar content exceeding 9 "., b\ weight:
                                      bbi Other                                             10     9
                              f i Mixtures of fruit:
                                  1. With a sugar content exceeding 8 % bv weight:
                                      bbi Other                                             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                                            49
                                  — Pear |uice and mixtures of apple and pear |uice . .    49
                         111. Other:
                              b) Other:
                                  — l e m o n and tomato |uices                            49      3
                                  — Other fruit and vegetable imces, including mixed
                   I                   juices                                              49    13
                     B. Of a density of 1,33 g/cm 1 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
 ---pagebreak--- No C 349/24                    Official Journal of the European Communities                                       31. 12.85
                 CCT
                heading                                Description
                  No
                 20.(F             4. Mixtures of apple and pear |uice:
                                       aa) With an added sugar content exceeding 30 % b>
                                            weight                                                 49       13
                            !!. 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
                                                                                                   49       13
                                   2. Grapefruit |uice:
                                       aa) With an added sugar content exceeding 30 % by
                                            weight                                                 49       13
                                    V lemon |uice:
                                       aa) With an added sugar content exceeding 30 % by
                                            weight                                                          13
                                   4 Other citrus fruit IUICCS:
                                       id With an added sugar content exceeding 30 *%> by
                                                                                                   49       13
                                    V Pineapple |uice:
                                       J.I With an added sugar content exceeding 30 "/„ bv
                                            weight                                                          13
                                   h
                                       Other truit and \cgctable |iuces:
                                       .i.i VX'ith an added sugar content exceeding 30 "., bv
                                            weight                                                          13
                                   8. Mixtures:
                                       AA) Of citrus fruit |uices and pineapple iuice:
                                            11. With an added sugar content exceeding
                                                  30 % by weight                                  49        13
                                       bb Other:
                                            11. With an added sugar content exceeding
                                                  ?(> % by weight                                 49        13
                                                      A W EX IV
                      ( I I
                                                                     Description
          c\ tr.oi B           Peeled tomatoes preserved bv freezing
          c\ tr.m K            Mushrooms
          c\ if.(14 B          Tomato (lakes
             08.03 B           Dried figs
             08.04 B           Dried grapes
          ex 08.10 A           Raspberries and strawberries, whether or not cooked, preserved by freezing without
                               added sugar
          ex 08.10 D           Cherries, whether or noi cooked, preserved by freezing without added sugar
          ex 08 11 E           Raspberries, and strawberries and cherries provisionally preserved
             08 12 C           Prunes
          ex 20 01 c           Mushrooms prepared or preserved by vinegar or acetic acid
             20 02 A           Mushrooms, prepared or preserved
             20 02 C           Tomatoes, prepared or preserved
             20 02 G           Peas, beans in pod, prepared or preserved
          ex 20 03             Raspberries, strawberries and cherries preserved by freezing containing added
 ---pagebreak--- 31. 12. 85                                       Official Journal of the European Communities                                                  No C 349/25
                           cc I                                                                   Description
                          heading
           ex 2 0 . 0 5 C 1 b ' ( II a n d       J a m s , fruit tellies, m a r m a l a d e s , fruit purees a n d fruit paste being cooked pre-
              C III                              p a r a t i o n s , whether o r n o t containing added sugar:
                                                 — m a d e from raspberries a n d strawberries
           ex 2 0 . 0 6 B II a
                          B lib       A.\> 11  f Peaches, p r e p a r e d o r preserved
                          B lib       b b 11
           ex 20.06 B       H a -
                          B ll b.' "*
                          B II b) 7 b b ) 22 i y Apricots, p r e p a r e d o r preserved
                          B II t ) 1
                          B He) 2 bb,
           ex 2 0 . 0 6 B II a) 8
                          B lib) X
                                      ii         Raspberries, s t r a w b e r r i e s and cherries, p r e p a r e d o r preserved
                          B lie 1
                          B l i e 2 bb
           ex 20.06 B II a 6
                          B II b 6
                                                 Pears, prepared or preserved
                          B lie 1
                          B IK 2
           ex 2 0 . 0 " B !l J 5
                                                 T o m a t o juices
                          B If hi 6
                                                                               AWES         V
                                                                      C O R R E L A T I O N TABLE
           Regulation ( E E C ) N o 5 1 6 / 7 7                                       T h i s Regulation
           Article     I                                                              Article 1
           Article     2                                                               Article 10
           Article     2a                                                              Article 1 (2)
           Article     3                                                               Article 2
           Article     5A                                                             Article 3
           Article     3b                                                             Article 4
           Article     3c                                                             Article 5
           Article     ?d                                                             Article 6
           Article     3e                                                             Article 7
           Article     4                                                              Article 8
           Article     4a                                                             Article 9
           Article    5                                                               Article 11
           Article    6                                                               Article 12
           Article    "* T                                                            Article 11 (3)
                                                                                      Article 10 (8), last s u b p a r a g r a p h
           Article    8                                                               Article 13
           Article     9                                                              Article 14
           Article     10                                                             Article 15
           Article     11                                                             Article 1 4 ( 1 )
           Article     12                                                             Article 16
           Article     13                                                             Article 17
           Article     14                                                             Article 18
           Article     17                                                             Article 19
           Article     18                                                             Article 2 0
           Article     19                                                             Article 21
           Article     20                                                             Article 22
           Article    21                                                              Article 23
           Article    22                                                              Article 24
           Annex      I, Part I                                                       Annex II
           Annex      1, Part II                                                      Annex III
           Annex       la                                                             Annex 1
           Annex     /J                                                               Annex IV
           Annex      IV                                                              Annex V