CELEX: 51987PC0513(08)
Language: en
Date: 1987-10-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 827/68 ON THE COMMON ORGANIZATION OF THE MARKET IN CERTAIN PRODUCTS LISTED IN ANNEX II TO THE TREATY

21. 12. 87                             Official Journal of the European Communities                                No C 344/31
                        CN code                                          Description
                      2008 70  61       Peaches, otherwise prepared or preserved
                      2008 70  69
                      2008 70  71
                      2008 70  79
                      2008 80  50       Strawberries, otherwise prepared or preserved
                      2008 80  70
                      2008 80  91
                      2008 80  99
                  ex  2008 99  49       Raspberries, otherwise prepared or preserved
                  ex  2008 99  59
                  ex  2008 99  99
                      2009 50           Tomato juice
                  ex  2009 80  31       Cherry juice'
                  ex  2009 80  39
                  ex  2009 80  80
                  ex  2009 80  91
                  ex  2009 80  93
                  ex  2009 80  99
               Proposal for a Council Regulation amending Regulation (EEC) No 827/68 on the common
                       organization of the market in certain products listed in Annex II to the Treaty
                                                      COM(87) 513 final
                            (Submitted by the Commission to the Council on 9 November            1987)
                                                         (87/C 344/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            to the terms of the combined nomenclature based on the
                                                                    harmonized system;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 42 and 43
thereof,
                                                                    Whereas aquatic invertebrates, other than crustaceans and
Having regard to the proposal from the Commission,                  molluscs, and preparations thereof are presently classified
                                                                    in subheadings 01.06 C, 02.04 CII, 02.06 C III and 16.02 B
Having regard to the opinion of the Economic and Social             of the Common Customs Tariff; whereas, as a con-
Committee,                                                          sequence, they are covered by Regulation (EEC) No 827/
In cooperation with the European Parliament,                        68; whereas, in the harmonized system, they will be
                                                                    classified in heading Nos 03 07 and 16 0 5 ; whereas
Whereas the Community is a contracting party to the                 therefore it is desirable that the said aquatic invertebrates
International Convention on the Harmonized Commodity                and preparations thereof be covered by Council Regulation
Description and Coding System, hereinafter referred to as           (EEC) No 3796/81 of 29 December 1981 on the common
'the harmonized system', which is intended to replace the           organization of the market in fishery products (4), as last
Convention of 15 December 1950 on Nomenclature for the              amended by Regulation (EEC) No 000/88; whereas, as a
Classification of Goods in Customs Tariffs;                         consequence, they are no longer to be covered by
                                                                    Regulation (EEC) No 827/68;
Whereas, from 1 January 1988, there is established by
Council Regulation (EEC) No 2658/87 (J) a combined
goods nomenclature based on the harmonized system
which will meet the requirements both of the Common                 Whereas certain edible flours and meals of meat or meat
Customs Tariff and of the external trade statistics of the          offal are classified in subheadings of heading No 02.06 of
Community;                                                          the Common Customs Tariff presently in force, which are
                                                                    covered by Regulation (EEC) No 827/68; whereas, in the
Whereas, as a consequence, it is necessary to express the           combined nomenclature based on the harmonized system,
descriptions of goods and tariff heading numbers which              by way of simplification, a single subheading has been
appear in Council Regulation (EEC) No 877/68 (2), as last           established to cover all edible flours and meals of meat or
amended by Regulation (EEC) No 2141/82 (3), according               meat offal; whereas it is desirable that the said flours and
                                                                    meals be covered by Council Regulation (EEC) No 805/68
(!) OJ No L 256, 7. 9. 1987, p. 1.
(2) OJ No L 151, 30. 6. 1968, p. 16.
(3) OJ No L 223, 31. 7. 1982, p. 1.                                 (4) OJ No L 379, 31.12. 1981, p. 1.
 ---pagebreak--- No C 344/32                             Official Journal of the European Communities                                  21. 12. 87
of 27 June 1968 on the common organization of the market           Whereas certain homogenized preparations of meat, meat
in beef and veal (*), as last amended by Regulation (EEC)          offal or blood, preparations of animal blood, and stuffed
No 000/88; whereas, as a consequence, they should no               pasta containing more than 20 % by weight of sausages and
longer be covered by Regulation (EEC) No 827/68;                   the like, meat and meat offal, including fats, are classified in
                                                                   subheadings of heading No 16.02 of the Common Customs
Whereas certain mixtures of dried nuts are classified,             Tariff presently in force, which are covered by Regulation
according to their essential character, in subheadings of          (EEC) No 827/68; whereas, in the combined nomenclature
Chapter 8 of the Common Customs Tariff presently in                based on the harmonized system, by way of simplification,
force, which are covered by Regulation (EEC) No 827/68;            single subheadings have been established for each of the
whereas, in the combined nomenclature based on the                 aforementioned preparations; whereas it is desirable that
harmonized system, by way of simplification, a single              the said preparations be covered by Council Regulation
subheading has been established to cover all mixtures of           (EEC) No 2759/75 of 29 October 1975 on the common
dried nuts; whereas it is desirable that the said mixtures be      organization of the market in pigmeat (4), as last amended
covered by Council Regulation (EEC) No 1035/72 of 18               by Regulation (EEC) No 000/88; whereas, as a con-
May 1972 on the common organization of the market in               sequence, they should no longer be covered by Regulation
fruit and vegetables (2), as last amended by Regulation            (EEC) No 827/68;
(EEC) No 000/88; whereas, as a consequence, they should
no longer be covered by Regulation (EEC) No 827/68;
                                                                   HAS ADOPTED THIS REGULATION:
Whereas certain mixtures of dried fruits, or of dried fruits
and nuts, are classified according to their essential                                        Article 1
character, in subheadings of the Common Customs Tariff
presently in force which are covered by Regulation (EEC)           The Annex to Regulation (EEC) No 827/68 is hereby
No 827/68 ; whereas, in the combined nomenclature based            replaced by the Annex to this Regulation.
on the harmonized system, by way of simplification, a
single subheading has been established to cover all mixtures
of dried fruits and of dried fruits and nuts; whereas it is                                  Article 2
desirable that the said mixtures be covered by Council
                                                                   This Regulation shall enter into force on the third day
Regulation (EEC) No 426/86 of 24 February 1986 on the
                                                                   following its publication in the Official Journal of the
common organization of the markets in processed fruit and
                                                                   European Communities.
vegetables (3) as last amended by Regulation (EEC)
No 000/88; whereas, as a consequence, they should no               It shall apply from 1 January 1988.
longer be covered by Regulation (EEC) No 827/68;
                                                                   This Regulation shall be binding in its entirety and directly
                                                                   applicable in all Member States.
(!) OJ No L 148, 28. 6. 1968, p. 1.
(2) OJ No L 118, 20. 5. 1972, p. 1.
(3) OJ No L 49, 27. 2. 1986, p. 1.                                 (4) OJ No L 282, 1. 11. 1975, p. 1.
 ---pagebreak--- 21. 12. 87               Official Journal of the European Communities                                      No C 344/33
                                                ANNEX
                                               'ANNEX I
               CN code                                      Description
              0101        Live horses, asses, mules and hinnies:
                          — Horses:
              0101 11 00  —       Pure-bred breeding animals (a)
              0101 19             Other:
              0101 19 90              Other than for slaughter
              0101 20     — Asses, mules and hinnies
              0102        Live bovine animals:
              0102 90     — Other than pure-bred breeding animals
              0102 90 90          Other than domestic species
              0103        Live swine:
              0103 10 00  — Pure-bred breeding animals (a)
                          — Other:
           ex 0103 91     — — "Weighing less than 50 kg:
              0103 91 90              Other than domestic species
           ex 0103 92          — Weighing 50 kg or more:
              0103 92 90              Other than domestic species
              0106 00     Other live animals
              0203        Meat of swine, fresh, chilled or frozen:
                          — Fresh or chilled:
           ex 0203 11             Carcases and half-carcases:
              0203 11 90              Other than of domestic swine
           ex 0203 12             Hams, shoulders and cuts thereof, with bone in:
              0203 12 90              Other than of domestic swine
           ex 0203 19             Other:
              0203 19 90              Other than of domestic swine
                          — Frozen:
           ex 0203 21             Carcases and half-carcases:
              0203 21 90           — Other than of domestic swine
           ex 0203 22             Hams, shoulders and cuts thereof, with bone in:
              0203 22 90           — Other than of domestic swine
           ex 0203 29             Other:
              0203 29 90              Other than of domestic swine
           ex 0205 00 00  Meat of asses, mules or hinnies, fresh, chilled or frozen
              0206        Edible offal of bovine animals, swine, sheep, goats, horses, asses or mules fresh,
                          chilled or frozen:
           ex 0206 10     — Of bovine animals, fresh or chilled:
              0206 10 10       — For the manufacture of pharmaceutical products (a)
                          — Of bovine animals, frozen:
           ex 0206 22             Livers:
              0206 22 10              For the manufacture of pharmaceutical products (a)
           ex 0206 29             Other:
              0206 29 10              For the manufacture of pharmaceutical products (a)
           ex 0206 30     — Of swine, fresh or chilled:
              0206 30 10          For the manufacture of pharmaceutical products (a)
                                  Other:
              0206 30 90              Other than of domestic swine
                          — Of swine, frozen:
           ex 0206 41             Livers:
              0206 41 10       — — For the manufacture of pharmaceutical products (a)
                                      Other:
              0206 41 99                  Other than of domestic swine
           ex 0206 49             Other:
              0206 49 10              For the manufacture of pharmaceutical products (a)
                          —           Other:
              0206 49 99                  Other than of domestic swine
           ex 0206 80     — Other, fresh or chilled:
              0206 80 10          For the manufacture of pharmaceutical products (a)
 ---pagebreak--- No C 344/34               Official Journal of the European Communities                                         21. 12. 87
                CN code                                        Description
                                   Other:
               0206 80 91              Of horses, asses, mules and hinnies
            ex 0206 90     — Other, frozen:
               0206 90 10          For the manufacture of pharmaceutical products (a)
                                   Other:
               0206 90 91              Of horses, asses, mules and hinnies
               0208        Other meat and edible meat offal, fresh, chilled or frozen
               0210        Meat and edible meat offal, salted, in brine, dried or smoked;  edible flours and
                           meals of meat or meat offal:
                           — Meat of swine:
            ex 0210 11             Hams, shoulders and cuts thereof, with bone in:
               0210 11 90              Other than of domestic swine
            ex 0210 12             Bellies (streaky) and cuts thereof:
               0210 12 90              Other than of domestic swine
            ex 0210 19     — — Other:
               0210 19 90              Other than of domestic swine
            ex 0210 90     — Other, including edible flours and meals of meat or meat      offal:
                                   Meat:
                                       Other than of sheep and goats, excluding horsemeat, salted, in brine or
               0210 90 20              dried
                                   Offal:
                                   — Other than of domestic swine, bovine animals, and     sheep and goats:
                                           Other than poultry liver
               0210 90 80
            ex 0407 00     Birds' eggs, in shell, fresh, preserved or cooked:
               0407 00 90  — Other than of farmyard poultry
               0408        Birds' eggs, not in shell, and egg yolks, fresh, died, cooked by steaming or by
                           boiling in water, moulded, frozen or otherwise preserved, whether or not
                           containing added sugar or sweetening matter:
                           — Egg yolks:
               0408 11             Dried:
               0408 11 90          Other than suitable for human consumption
               0408 19             Other:
               0408 19 90          — Other than suitable for human consumption
                           — Other:
               0408 91             Dried:
               408 91 90               Other than suitable for human consumption
               0408 99             Other:
               0408 99 90  —           Other than suitable for human consumption
               0410 00 00  Edible products of animal origin, not elsewhere specified or included
               0504 00 00  Guts, bladders and stomachs of animals (other than fish), whole and pieces
                           thereof
               0511        Animal products not elsewhere specified or included; dead animals of Chapter 1
                           or 3, unfit for human consumption:
               0511 10 00  — Bovine semen
                           — Other:
            ex 0511 91             Products of fish or crustaceans, molluscs or other aquatic invertebrates;
                                   dead animals of Chapter 3 :
            ex 0511 99             Other:
               0511 99 90              Other than sinews or tendons, parings and similar waste of raw hides
                                       or skins
               0709        Other vegetables, fresh or chilled:
            ex 0709 60     — Fruits of the genus Capsicum or the genus Pimenta:
               0709 60 91          Other than sweet peppers
               0709 60 95
               0709 60 99
            ex 0710        Vegetables uncooked or cooked by steaming or boiling in water, frozen:
               0710 80     — Other vegetables
                                   Fruits of the genus Capsicum or of the genus Pimenta
               0710 80 59              Other
 ---pagebreak--- 21. 12. 87               Official Journal of the European Communities                                         No C 344/35
               CN code                                        Description
              0711        Vegetables 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 consumptions:
           ex 0711 90     — Other vegetables, mixtures of vegetables:
                                  Vegetables:
              0711 90 10              Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet
                                      peppers
              0713        Dried leguminous vegetables, shelled, whether or not skinned or split:
           ex 0713 10     — Peas (Pisun sativum):
              0713 10 90          Other than for sowing
           ex 0713 20     — Chickpeas (garbanzos):
              0713 20 90          Other than for sowing
                          — Beans (Vigna spp., Phaseolus spp.):
           ex 0713 31             Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.)
                                  Wilczek:
              0713 31 90              Other than for sowing
           ex 0713 32             Small red (Adzuki) beans {Phaseolus or Vigna angularis):
              0713 32 90              Other than for sowing
           ex 0713 33             Kidney beans, including white pea beans (Phaseolus vulgaris):
              0713 33 90              Other than for sowing
           ex 0713 39             Other:
              0713 39 90              Other than for sowing
           ex 0713 40     — Lentils:
              0713 40 90          Other than for sowing
           ex 0713 50     — Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina,
                              Vicia faba var. minor):
              0713 50 90          Other than for sowing
                          — Other:
              0713 90 90          Other than for sowing
              0801        Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or
                          peeled:
              0802        Other nuts, fresh or dried, whether or not shelled or peeled
           ex 0802 90     — Other:
              0802 90 30          Areca (or betel) and cola nuts
              0804        Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or
                          dried:
              0804 10 00  — Dates
              0804 40     — Avocados
              0804 50 00  — Guavas, mangoes and mangosteens
              0902        Tea
           ex 0904        Pepper of the genus Piper; dried or crushed or ground fruits of the genus
                          Capsicum or the genus Pimenta, excluding sweet peppers falling within
                          subheading 0904 20 10
              0905 00 00  Vanilla
              0906        Cinnamon and cinnamon-tree flowers
              0907 00 00  Cloves (whole fruit, cloves and stems)
              0908        Nutmeg, mace and cardamoms
              0909        Seeds of anise, badian, fennel, coriander, cumin, caraway or juniper
              0910        Ginger, saffron, tumeric (curcuma), thyme, bay leaves, curry and other spices
           ex 1106        Flour and meal of the dried leguminous vegetables of heading No 0713, of sago or
                          of roots or tubers of heading No 0714; flour, meal and powder of the products of
                          Chapter 8:
              1106 10 00  — Flour and meal of the dried leguminous vegetables of heading No 0713
              1106 30     — Flour, meal and powder of the products of Chapter 8
           ex 1108        Starches; inulin:
              1108 20 00  — Inulin
 ---pagebreak--- No C 344/36               Official Journal of the European Communities                                           21. 12. 87
                CN code                                         Description
               1211        Plants and parts of plants (including seeds and fruits), of a kind used primarily in
                           perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh
                           or dried, whether or not cut, crushed or powdered
               1212        Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh or dried,
                           whether or not ground; fruit stones and kernels and other vegetable products
                           (including unroasted chicory roots of the variety Cichorium intybus sativum) of a
                           kind used primarily for human consumption, not elsewhere specified or included:
               1212 10     — Locust beans, including locust bean seeds
               1212 20 00  — Seaweeds and other algae
               1212 30 00  — Apricot, peach or plum stones and kernels
                           — Other:
            ex 1212 99             Other than sugar beat and sugar cane:
               1212 99 90              Other than chicory roots
               1213 00 00  Cereal straws and husks, unprepared, whether or not chopped, groud, pressed or
                           in the form of pellets
               1214        Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sanfoin, forage
                           kale, lupines, vetches, and similar forage products, whether or not in the form of
                           pellets
               1214 90     — Other:
               1214 90 10          Mangolds, swedes and other fodder roots
            ex 1214 90 90          Other, excluding:
                                       Lucerne, sainfoin, clover, lupines, vetches and similar fodder products
                                       artificially heat-dried, except hay and fodder kale and products
                                       containing hay
                                       Lucerne, sainfoin, clover, lupines and vetches otherwise dried and
                                       ground
               1502 00     Fats of bovine animals, sheep or goats, raw or rendered, whether or not pressed or
                           solvent-extracted:
            ex 1502 00 10  — For industrial uses other than the manufacture of foodstuffs for human
                               consumption, excluding fats from bones and waste
               1503 00     Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed
                           or otherwise prepared
               1602        Other prepared or preserved meat, meat offal or blood:
            ex 1602 20     — Of liver of any animal:
               1602 20 10          Goose or duck liver
                           — Of swine:
            ex 1602 41             Hams and cuts thereof:
               1602 41 90       — — Other than of domestic swine
            ex 1602 42             Shoulders and cuts thereof:
               1602 42 90  -— — — Other than of domestic swine
            ex 1602 49             Other, including mixtures:
               1602 49 90              Other than of domestic swine
            ex 1602 90     — Other, including preparations of blood of any animal:
                                   Other than preparations of blood of any animal:
               1602 90 31              Of game or rabbit
                                       Other:
                                        — Other than those containing meat or meat offal of domestic swine
                           — —              Other than those containing bovine meat or offal:
               1602 90 99                       Other than of sheep or goats
               1603 00     Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic
                            invertebrates
               1801 00 00   Cocoa beans, whole or broken, raw or roasted
               1802 00 00   Cocoa shells, husks, skins and other cocoa waste
 ---pagebreak--- 21. 12. 87                            Official Journal of the European Communities                                        No C 344/37
                     CN code                                                Description
                    2001                Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by
                                        vinegar or acetic acid:
                ex 2001 90             — Other:
                    2001 90 20                  Fruit of the genus Capsicum other than sweet peppers or pimentos
                    2005                Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
                                        not frozen:
                ex 2005 90             — Other vegetables and mixtures of vegetables:
                    2005 90 10         —        Fruit of the genus Capsicum other than sweet peppers or pimentos
                    2206 00             Other fermented beverages (for example cider, perry, mead):
                    2206 90 91->99     — Other
                    2301               Flowers, meals and pellets, of meat or meat offal, or fish or crustaceans, molluscs
                                       or other aquatic invertebrates, unfit for human consumption; greaves:
                    2301 10 00         — Flours, meals and pellets of meat or meat offal; greaves
                    2302               Bran, sharps and other residues, whether or not in the form of pellets derived from
                                       the sifting, milling or other working of cereals or of leguminous plants:
                    2302 50 00         — Of leguminous plants
                    2307 00            Wine lees; argol:
                    2307 00 90         — Argol
                    2308               Vegetable materials and vegetable waste, vegetable residues and by-products,
                                       whether or not in the form of pellets, of a kind used in animal feeding, not
                                       elsewhere specified or included:
                ex 2308 90             — Other than acorns and horse-chestnuts:
                   2308 90 90                  Other, excluding grape marc and pomace or marc of fruit, other than
                                               grapes
                    2309               Preparations of a kind used in animal feeding
                ex 2309 10             — Dog or cat food put up for retail sale:
                   2309 10 90                  Other than those containing starch, glucose, glucose syrup, maltodextrine
                                               or maltodextrine syrup falling within subheadings 1702 30 51 to
                                                1702 30 99, 1702 40 90, 1702 90 50, 2106 90 55, or milk products:
                ex 2309 90             — Other:
                   2309 90 10                  Fish or marine mammal solubles
                                               Other:
                   2309 90 91                      Other than those containing starch, glucose, glucose syrup, maltodex-
                ex 2309 90 99                      trine or maltrodextrine syrup falling within subheadings 1702 30 51 to
                                                   1702 30 99, 1702 40 90, 1702 90 50, 2106 90 55, or milk products,
                                                   excluding:
                                                       Protein concentrates obtained from lucerne juice and grass juice
                                                       Dehydrated products obtained exclusively from solid residues and
                                                       juice resulting from the preparation of the concentrates referred to
                                                       in the first indent
           (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.