CELEX: 31970R2275
Language: en
Date: 1970-11-10 00:00:00
Title: Regulation (EEC) No 2275/70 of the Council of 10 November 1970 amending Regulation (EEC) No 865/68 on the common organisation of the market in products processed from fruit and vegetables, as regards the calculation of the levy on various added sugars

756                                Official Journal of the European Communities
No L 246/4                         Official Journal of the European Communities                               12.11.70
                                REGULATION (EEC) No 2275 /70 OF THE COUNCIL
                                                of 10 November 1970
               amending Regulation (EEC) No 865/68 on the common organisation of the market in
                products processed from fruit and vegetables, as regards the calculation of the levy on
                                                various added sugars
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      HAS ADOPTED THIS REGULATION :
                                                                                        Article 1
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 43 thereof;                                           The following shall be substituted for Article 2 of the
                                                              Regulation (EEC) No 865/68 :
Having regard to the proposal from the Commission ;               ' 1 . In addition to the customs duty referred to
                                                                  in Article 9 ( 1 ), an import levy calculated as
Having regard to the Opinion of the European                      described in the paragraphs which follow shall be
Parliament1 ;                                                     charged on the various added sugars contained in
                                                                  the products listed in Annex I.
Whereas Article 2 of the Council Regulation (EEC)
No 865/682 of 28 June 1968 on the common                          2.     For 100 kilogrammes net of imported
organisation of the market in products processed from             product, this levy shall be equal to the difference
                                                                  between :
fruit and vegetables, as last amended by Regulation
(EEC) No 1906/69,3 provides for an import levy to                 ( a) the average of the threshold prices for one
be charged on the various added sugars contained in                     kilogramme of white sugar for each month of
the products listed in Annex I in addition to the                       the quarter for which the difference is being
customs duty . referred to in Article 9 ; whereas the                   determined; and
amount of this levy, expressed per kilogramme of
sucrose, is equal to the levy referred to in Article 14           (b ) the average of the c.i.f. prices for one
(5 ) of the Council Regulation No 1009/67/EEC4 of                       kilogramme of white sugar used in fixing the
18 December 1967 on the common organisation of                          levies on white sugar; the average c.i.f. prices
the market in sugar ;                                                   shall be calculated for a period covering the
                                                                        first fifteen days of the month preceding the
Whereas this method of calculation calls for frequent                   quarter for which the difference is being
alterations to the levy in question ; whereas, in view                  determined and the two months immediately
of the nature of the products concerned, it is                          preceding that month ;
advisable to amend the said Article 2 so that this levy
need only be fixed once a quarter;                                this difference being multiplied by the figure for
                                                                  the product in question appearing in column 1 of
                                                                  Annex I.
Whereas     special provisions     are  necessary for
occasions when one of the elements for calculating
the levy is not known ;                                           No levy shall be charged if the amount at (a) js
                                                                  higher than the amount at (b).
                                                                  3 . The difference provided for in paragraph 2
1  OJ No C 160, 18.12.1969, p. 69.                                shall be determined by the Commission for each
2 OJ No L 153, 1.7.1968, p. 8.                                    quarter of the calendar year. It shall be
3 OJ No L 247, 1.10.1969, p. 2.                                   determined for the first time for the first quarter
                                                                  of 1971 .
4 OJ No 308, 18.12.1967, p. 1 .
 ---pagebreak---                                 Official Journal of the European Communities                                   757
4.    Should the threshold price referred to in                expressed by the figure appearing in column 1 of
paragraph 2 (a) change during a quarter, the                   Annex I, the levy shall be calculated in
Council, acting in accordance with the voting                  accordance with the provisions of paragraph 6.
procedure laid down in Article 43 (2) of the
Treaty on a proposal from the Commission, shall                8.    "Added sugar content" shall mean the
decide whether there is any need to make an                    reading obtained by using a refractometer as
adjustment and, if necessary, determine the                    described in Annex III, multiplied by 0-93 in the
measures to be taken to this end .
                                                               case of products falling within heading No 20-06
                                                               of the Common Customs Tariff and by 0-95 in
5.    Should one of the elements to be taken into              the case of other products listed in Annex I and
account in calculating the difference referred to in           reduced by the figure for the product in question
paragraph 2 not be known by the fifteenth day of               appearing in column 2 of Annex I.             (
the month preceding the quarter for which the
difference is to be determined, the Commission                 9 . Detailed rules for the application of
shall proceed to calculate the difference,                     paragraphs 1 to 8 shall be adopted as necessary in
substituting for the missing element of the                    accordance with the procedure laid down in
calculation the element which was taken into
                                                               Article 15 .
account in calculating the difference for the
current quarter.
                                                               10. The Council, acting in accordance with the
                                                               voting procedure laid down in Article 43 (2) of
The difference shall be corrected by the                       the Treaty on a proposal from the Commission,
Commission and made to apply not later than the                may amend Annex 1 .'
sixteenth day following the date on which the
missing information comes to hand.
The correction shall not be made however if the                                   Article 2             s
information only becomes available after the
beginning of the last month of the quarter in              The following shall be substituted for Article 4 (2) of
question.                                                  Regulation (EEC) No 865 /68 :
6.    If the added sugar content per 100                       '2.    Where the provisions of Article 2 (6) or (7)
kilogramme net weight of imported product                      apply, the products listed in Annex I must • be
established in accordance with paragraph 8 is two              accompanied by a declaration from the importer
kilogrammes or more below the content                          indicating the added sugar content established by
expressed by the figure for the product in                     the method described in Article 2 ( 8 ).
question appearing in column 1 of Annex I, the
levy shall, at the importer's request, be calculated           If this requirement is not met, Article 2 (6) shall
per 100 kilogrammes net of imported product by                 not apply.'
multiplying the difference referred to in
paragraph 2 by a figure representing the added
sugar content defined in paragraph 8 .
                                                                                  Article 3
7.    If the     added  sugar    content per     100
kilogrammes net weight of imported product                 This Regulation shall enter into force on the third
established in accordance with paragraph 8 is              day following its publication in the Official Journal
three kilogrammes or more above the content                of the European Communities.
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 10 November 1970.
                                                                                For the Council
                                                                                 The President
                                                                                H. D. GRIESAU