CELEX: 51987PC0513(03)
Language: en
Date: 1987-10-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1035/72 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES

No C 344/10                              Official Journal of the European Communities                                 21. 12. 87
                Proposal for Council Regulation amending Regulation (EEC) No 1035/72 on the common
                                       organization of the market in fruit and vegetables
                                                       COM(87) 513 final
                             (Submitted by the Commission to the Council on 9 November           1987)
                                                          (87/C 344/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas certain mixtures of dried fruits, or of dried fruits
                                                                    and dried nuts are classified, according to their essential
Having regard to the Treaty establishing the European               character, in subheadings of the Common Customs Tariff
Community, and in particular Articles 42 and 43 thereof,            presently in force which are covered by Regulation (EEC)
                                                                    No 1035/72; whereas, in the combined nomenclature
                                                                    based on the harmonized system, by way of simplification,
Having regard to the proposal from the Commission,                  a single subheading has been established to cover all
                                                                    mixtures of dried fruits and of dried fruits and dried nuts;
                                                                    whereas it is desirable that the said mixtures be covered by
Having regard to the opinion of the Economic and Social
                                                                    Council Regulation (EEC) No 426/86 of 24 February 1986
Committee,
                                                                    on the common organization of the market in products
                                                                    processed from fruit and vegetables (4), as last amended by
In cooperation with the European Parliament,                        Regulation 000/88; whereas, as a consequence, they
                                                                    should no longer be covered by Regulation (EEC) No 1035/
                                                                    72;
Whereas the Community is a contracting party to the
International Convention on the Harmonized Commodity
Description and Coding System, hereinafter referred to as           Whereas numerous Regulations in the fruit and vegetables
'the harmonized system', which is intended to replace the           sector must be adapted in the light of the new nomencla-
Convention of 15 December 1950 on Nomenclature for the              ture; whereas, under Article 15 of Regulation (EEC)
Classification of Goods in Customs Tariffs;                         No 2658/87, the changes made may be of a technical nature
                                                                    only; whereas, accordingly, a provision should be
                                                                    introduced whereby all other adjustments to Council or
Whereas, from 1 January 1988, there is established by               Commission Regulations on the common organization of
Council Regulation (EEC) No 2658/87 (a) a combined                  the market in fruit and vegetables should be made in
goods nomenclature based on the harmonized system                   accordance with the procedure laid down in Article 33 of
which will meet the requirements both of the Common                 Regulation (EEC) No 1035/72, provided that such adjust-
Customs Tariff and of the external trade statistics of the          ments are required solely as a result of the introduction of
Community;                                                          the harmonized system,
Whereas, as a consequence, it is necessary to express the
descriptions of goods and tariff heading numbers which              HAS ADOPTED THIS REGULATION:
appear in Council Regulation (EEC) No 1035/72 (2), as last
amended by Regulation (EEC) No 2275/87 (3), according
to the terms of the combined nomenclature based on the
                                                                                              Article 1
harmonized system;
Whereas mixtures of dried nuts may be classified according          Regulation (EEC) No 1035/72 is hereby amended as
to their essential character in various subheadings of              follows:
Chapter 8 of the Common Customs Tariff presently in
force; whereas, in the combined nomenclature based on the
harmonized system, by way of simplification, a single
subheading has been established to cover all mixtures of
                                                                    1. Article 1 (2) is replaced by the following:
dried nuts; whereas it is desirable that the said mixtures be
covered by Regulation (EEC) No 1035/72;
                                                                        '2. The organization shall cover the following pro-
                                                                        ducts :
(!) OJ No L 256, 7. 9. 1987, p. 1.
(2) OJ No L 118, 20. 5. 1972, p. 1.
(3) OJ No L 209, 23. 7. 1987, p. 4.                                 (4) OJ No L 49, 27. 2. 1986, p. 1.
 ---pagebreak--- 21. 12. 87                             Official Journal of the European Communities                                         No C 344/11
                       CN code                                                Description
                     0702 00            Tomatoes, fresh or chilled
                     0703               Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled
                     0704               Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or
                                        chilled
                     0705               Lettuce {Lactuca sativa) and chicory {Cicborium spp.), fresh or chilled
                     0706               Carrots, turnips, salad beetroot, salsify, celeriac, radish and similar edible roots,
                                        fresh or chilled
                     0707 00            Cucumbers and gherkins, fresh or chilled
                     0708               Leguminous vegetables, shelled or unshelled, fresh or chilled
                 ex 0709                Other vegetables, fresh or chilled, excluding vegetables of subheadings
                                        0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60
                 ex 0802                Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or
                                        betel) and cola of subheading 0802 90 30
                     0804  20 10        Figs, fresh
                     0805               Citrus fruit, fresh or dried
                     0806  10 11 ]
                     0806  10 15 [      Fresh table grapes
                     0806  10 19 J
                     0807               Melons (including water melons) and papaws (papayas), fresh
                     0808               Apples, pears and quinces, fresh
                     0809               Apricots, cherries, peaches (including nectarines), plums and sloes, fresh
                     0810               Other fruit, fresh
                     0813  50 30        Mixtures, exclusively of dried nuts of headings No 0801 and 0802
2. Annex III is replaced by the Annex to this Regulation.                                            Article 3
                          Article 2                                      This Regulation shall enter into force on the third day
                                                                         following its publication in the Official Journal of the
The Commission, in accordance with the procedure                         European       Communities.
provided for in Article 33 of Regulation (EEC) No 1035/72
shall make the necessary adaptations to Council or                       Article 1 shall apply from 1 January 1988.
Commission acts concerning the common organization of
the market in fruit and vegetables which result from the                 This Regulation shall be binding in its entirety and directly
application of Article 1.                                                applicable in all Member States.
                                                               ANNEX
                                                             'ANNEX III'
                                                    List referred to in Article 22
                       CN code                                 Description                                  Period
                     0702 00            Tomatoes, fresh or chilled                                 15 May to 31 December
                 ex 0705                Lettuces, curled-leaved endives and broad-leaved
                                        (Batavian) endives                                         15 November to 15 June
 ---pagebreak--- No C 344/12                             Official Journal of the European Communities                                     21. 12. 87
                        CN code                               Description                                 Period
                  ex 0708 20             Beans (of the species Phaseolus) (not including
                                         beans for shelling or shelled beans)                    1 June to 30 September
                      0709  10 00        Globe artichokes                                        15 March to 30 June
                      0806  10 11 1
                      0806  10 15   •    Fresh table grapes                                      1 July to 31 January
                      0806  10 19
                  ex 0807   10           Melons                                                  1 July to 15 October
                      0809  10 00        Apricots                                                5 June to 31 July'
               Proposal for a Council Regulation amending Regulation (EEC) No 2759/75 on the common
              organization of the market in pigmeat and Regulation (EEC) No 2766/75 establishing the list
               of products for which sluice-gate prices are to be fixed and laying down the rules for fixing
                                              the sluicegate price for pig carcases
                                                        COM(87) 513 final
                             (Submitted by the Commission to the Council on 9 November                1987)
                                                           (87/C 344/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                amended by Regulation (EEC) No 1475/86 (3), according
                                                                        to the terms of the combined nomenclature based on the
Having regard to the Treaty establishing the European                   harmonized system;
Economic Community, and in particular Articles 42 and 43
thereof,                                                                Whereas certain edible flours and meals of meat or meat
                                                                        offal are classified in subheadings of heading No 02.06 of
Having regard to the proposal from the Commission,                      the Common Customs Tariff at present in force, which are
                                                                        covered by Regulation (EEC) No 2759/75; whereas, in the
Having regard to the opinion of the Economic and Social                 combined nomenclature based on the harmonized system,
Committee,                                                              by way of simplification, a single subheading has been
                                                                        established to cover all edible flours and meals of meat or
In cooperation with the European Parliament,                            meat offal; whereas it is desirable that the said flours and
                                                                        meals be covered by Council Regulation (EEC) No 805/68
Whereas the Community is a contracting party to the                     of 27 June 1968 on the common organization of the market
International Convention on the Harmonized Commodity                    in beef and veal (4), as last amended by Regulation (EEC)
Description and Coding System, hereinafter referred to as               No 000/88; whereas, as a consequence, they should no
'the harmonized system', which replaces the Convention of               longer be covered by Regulation (EEC) No 2759/75;
15 December 1950 on Nomenclature for the Classification
of Goods in Customs Tariffs;                                            Whereas, since pig fats from bones or waste are not listed in
                                                                        Annex II to the Treaty, they are excluded from application
Whereas, from 1 January 1988, there is established by                   of the provisions therein concerning agriculture, whilst lard
Council Regulation (EEC) No 2658/87 of the 23 July 1987                 and other pig fats obtained from other parts of the animal
of the Council (J) a combined goods nomenclature based                  are subject thereto; whereas, in the harmonized system,
on the harmonized system which will meet the require-                   fats from bones or waste are classified in the same heading
ments both of the Common Customs Tariff and of the                      of the nomenclature as lard and other pig fats; whereas,
external trade statistics of the Community;                             because of the technical development in the processing of
                                                                        animal fats, it is impossible to distinguish between fats
Whereas, as a consequence, it is necessary to express the               from bones or waste and lard and other fats obtained from
descriptions of goods and tariff heading numbers which                  swine; whereas measures adopted for lard and other pig
appear in Council Regulation (EEC) No 2759/75 (2), as last              fats in respect of trade with third countries and the
 (!) OJ No L 256, 7. 9. 1987, p. 1.                                      (3) OJ No L 133, 21. 5. 1986, p. 39.
 (2) OJ No L 282, 1. 11. 1975, p. 1.                                     (4) OJ No L 148, 28. 6. 1968, p. 24.