CELEX: 51980PC0097
Language: en
Date: 1980-03-11
Title: Proposal for a Council Regulation amending Regulation (EEC) No 516/77 on the common organization of the market in products processed from fruit and vegetables and amending Regulation (EEC) No 950/68 on the Common Customs Tariff

No C 71/16                          Official Journal of the European Communities                            22. 3. 80
                                                         II
                                                  (Preparatory Acts)
                                             COMMISSION
             Proposal for a Council Regulation amending Regulation (EEC) No 516/77 on die
             coaunon organization of die market m products from fruit and vegetables and amending
                           Regulation (EEC) No 950/68 on the Common Customs Tariff
                          (Submitted by the Commission to the Council on 17 March 1980)
THE COUNCIL OF THE EUROPEAN                                  Whereas on importation fruit pulp in immediate
COMMUNITIES,                                                 packings of a net weight of over 1 kg with a high
                                                             natural content falls within subheading 20.06 B Ha)
Having regard to the Treaty establishing the                 of the Common Customs Tariff;
European Economic Community, and in particular
Article 43 thereof,
                                                             Whereas provision should be made to avoid charging
Having regard to the proposal from the Commission,           a levy on the imports in question, and whereas this
                                                             aim can be attained by applying in respect of the
Having regard to the opinion of the European                 products concerned a levy only on a sugar content
Parliament,                                                  exceeding, by weight, 22 °/o for bananas, pineapples
                                                             and grapes and 16 % for other fruit;
Whereas the common organization of the market in
sugar and cereals includes a levy system intended to
cover the difference between the prices obtaining for        Whereas it should be made clear that the added sugar
sugar and glucose within the Community and outside;          content as determined in accordance with Article 2 of
whereas, given the direct impact of the price of these       Regulation (EEC) No 516/77 constitutes an
raw materials on the cost price of certain products          irrebuttable legal presumption,
processed from fruit and vegetables, Article 2 of
Council Regulation (EEC) No 516/77 of 14 March
1977 on the common organization of the market in
products processed from fruit and vegetables ('), as
last amended by Regulation (EEC) No 000, provided            HAS ADOPTED THIS REGULATION'.
that on importation of the products concerned, in
addition to the customs duty, a levy should be
charged on the various added sugars which they                                        Article 1
contain;
                                                             Regulation (EEC) No 516/77 is amended as follows:
Whereas, for the products listed in Annex I, Part 1,          I Article 2 (1) shall be replaced by the following:
to that Regulation this levy is fixed at a standard 2 %
of the customs value of the products;                             1     For the products shown in Article 1, the
                                                                 rates of the Common Customs Tariff shall apply.
                                                                 In addition to the customs duty an import levy
                                                                 shall apply on the sugars contained in the products
0) OJ No L 73, 21. 3. 1977, p. I.                                listed in Annex I.'
 ---pagebreak--- 22. 3. 80                           Official Journal of the European Communities                            No C 71/17
2. Article 2 (la) shall be replaced by the following:           (EEC) N o 950/68 shall be replaced by the text shown
                                                                in Annex II to this Regulation.
    ' l . a ) The import levy for the products shown in
              Annex I, Part I, shall be 2 % ad valorem of
              the customs value. For the products shown
              in Annex I, Part II, the import levy shall be
              calculated as described in the paragraphs                                  Article 3
              which follow and charged on the content of
              sugars deemed to be added.'                       This Regulation shall enter into force on 000.
3. Annex I, Part I, shall be replaced by the text
    shown in Annex I to this Regulation.
                                                                This Regulation shall be binding in its entirety and
                                                                directly applicable in all Member States.
                           Article 2
The text concerning subheading 20.06 B II a) of the             It, shall apply, on the request of the party concerned,
Common Customs Tariff annexed to Regulation                     from 1 April 1980.
 ---pagebreak--- N o C 71/18                Official Journal of the European Communities                                     22. 3. 80
                                                 ANNEX I
             CCT
            Heading                                       Description
              No
            20.06   Fruit otherwise prepared or preserved, whether of not containing added sugar or spirit:
                    B. Other
                        I. 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 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:
                                  bb) Other
                               3. Mandarins (including tangerines and satsumas)); Clementines, wilkings
                                  and other similar citrus hybrids:
                                  bb) Other
                               4. Grapes:
                                  bb) Other
                               5. Pineapples:
                                  aa) With a sugar content exceeding 22 % by weight
                                  bb) With a sugar content exceeding 17 % by weight but not 22 %, other
                                      than pulp
                               6. Pears:
                                  aa) With a sugar content exceeding 16 % by weight
                                  bb) With a sugar content exceeding 13 % by weight but not 16%, other
                                      than pulp
                               7. Peaches and apricots:
                                  aa) With a sugar content exceeding 16 % by weight
                                  bb) With a sugar content exceeding 13 % by weight but not 16 %, other
                                      than pulp
                           b) 8. Other fruits:
                                  aa) Pulp of bananas:
                                       11) With a sugar content exceeding 22 % by weight
                                  bb) Other
                                      22) Other
                               9. Mixtures of fruit:
                                  aa) Mixtures in which no single fruit exceeds 50 % of the total weight of
                                      the fruits
                                  bb) Other
                                      22) Other
 ---pagebreak--- 22. 3. 80                                        Official Journal of the European Communities                                       N o C 71/19
                                                                                   ANNEX        II
                                                            Amendment of the Common Customs Tariff
                                                                                                                              Rate of duty
        CCT
      Heading                                                             Description                                Auton. %             Conven-
         No                                                                                                           or levy
                                                                                                                        (L)                  ed
          1                                                                    2                                         3                   4
       20.06              Fruit otherwise prepared or preserved, whether or not containing added sugar or
                          spirit:
                          B. Other:
                               II. Not containing added spirit:
                                    a) Containing added sugar, in immediate packings of a net capacity of more
                                        than 1 kg:
                                        1. Ginger                                                                       23                  Free
                                        2. Grapefruit segments:
                                             aa) Pulp with a sugar content not exceeding 16 % by weight                 23            19-6 + 2 ads
                                             bb) Other                                                              2 3 + (L)         19-6 + 2 ads
                                        3. Mandarins (including tangerines and satsumas); Clementines, wilkings
                                             and other similar citrus hybrids:
                                             aa) Pulp with a sugar content not exceeding 16 % by weight                 23             2 1 + 2 ads
                                             bb) Other                                                              23 + (L)           2 1 + 2 ads
                                        4. Grapes:
                                             aa) Pulp with a sugar content not exceeding 22 % by weight                 23             22 + 2 ads
                                             bb) Other                                                              23 + (L)           2 2 + 2 ads
                                        5. Pineapples:
                                             aa) With a sugar content exceeding 22 % by weight                      23 + (L)           22 + 2 ads
                                             bb) With a sugar content exceeding 17% by weight but not 2 2 % ,
                                                  other than pulp                                                   23 + (L)           22 + 2 ads
                                             cc) Other                                                                  23                 22(i)
                                        6. Pears:
                                             aa) With a sugar content exceeding 16 % by weight                      23 + (L)           20 + 2 ads
                                             bb) With a sugar content exceeding 13% by weight but not 16%,
                                                  other than pulp                                                   23 + (L)           20 + 2 ads
                                             cc) Other                                                                  23                 20(:)
                                        7. Peaches and apricots:
                                             aa) With a sugar content exceeding 16 % by weight                      23 + (L)           22 + 2 ads
                                             bb) With a sugar content exceeding 13% by weight but not 16%,
                                                  other than pulp                                   —
                                                                                                    •               23 + (L)           22 + 2 ads
                                             cc) Other                                                                  23                 22(3)
                                        8. Other fruits:
                                             aa) Pulp of bananas:
                                                   11) With a sugar content exceeding 22 % by weight                23 + (L)          21-8 + 2 ads
                                                  22) Other                                                             23            21-8 + 2 ads
                                             bb) Other:
                                                   11) Pulp with a sugar content not exceeding 16 % by weight           23            21-8 + 2 ads
                                                  22) Other                                                         23 + (L)          21-8 + 2 ads
                                        9. Mixtures of fruit:
                                             aa) Mixtures in which no single fruit exceeds 50 % of the total weight
                                                   of the fruits                                                    23 + (L)          20 9 + 2 ads
                                             bb) Other                                                              23 + (L)          21 8 + 2 ads
 (') The rates for pulp with a sugar content exceeding 17 % by weight but not 22 % , is 22 + 2 ads.
 (2) The rate for pulp with a sugar content exceeding 13 % by weight but not 16 % , is 20 + 2 ads.
 !') The rate for pulp with a sugar content exceeding 13 % by weight but not 16 % , is 22 + 2 ads.