CELEX: 31979R0450
Language: en
Date: 1979-03-07
Title: Commission Regulation (EEC) No 450/79 of 7 March 1979 amending Regulation (EEC) No 2104/75 as regards the specific detailed rules for the application of the system of import licences in respect of products processed from fruit and vegetables

Avis juridique important

|

31979R0450

Commission Regulation (EEC) No 450/79 of 7 March 1979 amending Regulation (EEC) No 2104/75 as regards the specific detailed rules for the application of the system of import licences in respect of products processed from fruit and vegetables  

Official Journal L 057 , 08/03/1979 P. 0013 - 0015 Greek special edition: Chapter 03 Volume 24 P. 0243 

****( 1 ) OJ NO L 73 , 21 . 3 . 1977 , P . 1 .  ( 2 ) OJ NO L 144 , 31 . 5 . 1978 , P . 1 .  ( 3 ) OJ NO L 214 , 12 . 8 . 1975 , P . 20 .  ( 4 ) OJ NO L 54 , 25 . 2 . 1978 , P . 11 .    COMMISSION REGULATION ( EEC ) NO 450/79   OF 7 MARCH 1979   AMENDING REGULATION ( EEC ) NO 2104/75 AS REGARDS THE SPECIFIC DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT LICENCES IN RESPECT OF PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1152/78 ( 2 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 10 ( 3 ) THEREOF ,   WHEREAS ARTICLE 10 OF REGULATION ( EEC ) NO 516/77 ESTABLISHED A SYSTEM OF IMPORT LICENCES IN RESPECT OF SENSITIVE PRODUCTS ; WHEREAS , IN ORDER TO ENSURE BETTER KNOWLEDGE OF THE TRADE PATTERN IN CERTAIN OF THESE PRODUCTS , INDICATION OF THE COUNTRY OF ORIGIN SHOULD BE REQUIRED AND THE IMPORTER SHOULD BE OBLIGED TO IMPORT FROM THE COUNTRY THUS INDICATED ; WHEREAS , IN VIEW OF THE CHARACTERISTICS OF TRADE IN THE PRODUCTS CONCERNED , PROVISION SHOULD BE MADE FOR SOME RELAXATION OF THE RULES CONCERNING THE OBLIGATORY INDICATION OF THE COUNTRY OF ORIGIN ;   WHEREAS FOR CERTAIN PRODUCTS THE AMOUNTS OF THE SECURITIES IN RESPECT OF IMPORT LICENCES FIXED BY COMMISSION REGULATION  ( EEC ) NO 2104/75 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 386/78 ( 4 ), ARE NO LONGER APPROPRIATE TO THE MARKET SITUATION ; WHEREAS THEY SHOULD ACCORDINGLY BE AMENDED ;   WHEREAS IN THE LICENCE APPLICATION THE APPLICANT MUST INDICATE THE COMPLETE SUBHEADING OF THE COMMON CUSTOM TARIFF ; WHEREAS IN THE CASE OF CERTAIN PRODUCTS FALLING WITHIN HEADING NO 20.06 CONTAINING ADDED SUGAR AND REQUIRING PRESENTATION OF AN IMPORT LICENCE IT IS NOT ALWAYS POSSIBLE , OWING TO CONSIDERABLE VARIATIONS IN NATURAL SUGAR CONTENT , TO KNOW THE EXACT SUGAR CONTENT AT THE TIME OF APPLICATION FOR THE LICENCE ; WHEREAS SPECIAL PROVISION SHOULD BE MADE FOR THESE PRODUCTS ;   WHEREAS THE SYSTEM OF MINIMUM IMPORT PRICE FOR TOMATO CONCENTRATES WAS ABOLISHED WITH EFFECT FROM 1 JULY 1978 ; WHEREAS THE PROVISIONS FOR THE APPLICATION OF THIS SYSTEM INCLUDED IN REGULATION ( EEC ) NO 2104/75 SHOULD BE REPEALED ;   WHEREAS ARTICLE 9A OF THAT REGULATION PROVIDES THAT NO LICENCE IS REQUIRED FOR IMPORTS OF TOMATO CONCENTRATE IN QUANTITIES NOT EXCEEDING 20 KILOGRAMS ; WHEREAS THE LICENCE SYSTEM IN FORCE FROM 1 JULY 1978 NO LONGER REQUIRES THIS PROVISION FOR TOMATO CONCENTRATES ; WHEREAS THE SAID ARTICLE 9A SHOULD ACCORDINGLY BE REPEALED ;   WHEREAS THE ABOLITION OF THE MINIMUM IMPORT PRICE SYSTEM REFERRED TO ABOVE RENDERS SUPERFLUOUS THE INDICATION ON LICENCES OF THE WEIGHT OF THE PRODUCT INCLUDING IMMEDIATE WRAPPING ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   REGULATION ( EEC ) NO 2104/75 IS AMENDED AS FOLLOWS :   1 . AN ARTICLE 3A IS INSERTED :   ' ARTICLE 3A   1 .  FOR THE PRODUCTS SET OUT IN THE FOLLOWING TABLE , THE LICENCE APPLICATION AND THE IMPORT LICENCE ITSELF SHALL CONTAIN IN SECTION 14 AN INDICATION OF THE COUNTRY OF ORIGIN .   THE ISSUE OF THE LICENCE SHALL MAKE IT OBLIGATORY TO IMPORT FROM THE COUNTRY SO INDICATED .   //   //   // CCT HEADING NO  //  DESCRIPTION   //   20.02 A //  MUSHROOMS // EX 20.06 B //  PEARS // EX 20.02 G //  PEAS // EX 20.02 G //  FRENCH BEANS // EX 08.10 A // EX 08.11 E // EX 20.03 //  RASPBERRIES // EX 20.05 // EX 20.06 B II //   2 .  HOWEVER , THE HOLDER OF THE LICENCE REFERRED TO IN PARAGRAPH 1 MAY APPLY , ONCE ONLY , TO HAVE THE NAME OF THE COUNTRY OF ORIGIN ALTERED .  ( A ) THE APPLICATION FOR ALTERATION OF THE COUNTRY OF ORIGIN :   -  MUST BE SUBMITTED TO THE BODY WHICH ISSUED THE ORIGINAL LICENCE ,   -  MUST BE ACCOMPANIED BY THE ORIGINAL LICENCE AND BY ANY EXTRACT OR EXTRACTS ISSUED ,   -  SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 5 ( 1 ) AND  ( 3 ), 6 AND 7 OF REGULATION ( EEC ) NO 193/75 .  ( B ) THE BODY WHICH ISSUED THE LICENCE SHALL RETAIN THE ORIGINAL LICENCE AND ANY EXTRACT OR EXTRACTS AND SHALL ISSUE A REPLACEMENT LICENCE AND , WHERE APPROPRIATE , ONE OR MORE REPLACEMENT EXTRACTS .   HOWEVER , IF DURING THE TIME TAKEN TO ISSUE THE REPLACEMENT LICENCE THE ISSUE OF LICENCES FOR THE NEW COUNTRY OF ORIGIN IS SUSPENDED , THE REPLACEMENT LICENCE APPLICATION CONCERNED SHALL BE REJECTED AND THE ORIGINAL LICENCE AND , WHERE APPROPRIATE , THE EXTRACT OR EXTRACTS SHALL BE RETURNED TO THE HOLDER .  ( C ) THE REPLACEMENT LICENCE AND , WHERE APPROPRIATE , THE REPLACEMENT EXTRACT OR EXTRACTS SHALL :   -  BE ISSUED FOR A QUANTITY OF PRODUCTS WHICH , WHEN THE TOLERANCE IS ADDED , CORRESPONDS TO THE AVAILABLE QUANTITY SHOWN ON THE DOCUMENT WHICH IT REPLACES ,   -  BE ISSUED PURSUANT TO THE PROVISIONS OF ARTICLE 3 ,   -  CONTAIN IN SECTION 12 THE NUMBER OF THE DOCUMENT WHICH IT REPLACES ,   -  CONTAIN IN SECTION 14 THE NAME OF THE NEW COUNTRY OF ORIGIN ,   -  CONTAIN IN THE OTHER SECTIONS THE SAME ENTRIES AS THE DOCUMENT WHICH IT REPLACES , AND IN PARTICULAR THE SAME DATE OF EXPIRY . '   2 . IN ARTICLE 5 , THE TABLE IS REPLACED BY THAT SET OUT IN THE ANNEX TO THIS REGULATION .   3 . AN ARTICLE 9B AS FOLLOWS IS INSERTED :   ' ARTICLE 9B   1 .  IN THE CASE OF PEACHES IN SYRUP AND PEARS FALLING WITHIN TARIFF SUBHEADINGS 20.06 B I AND 20.06 B II THE APPLICANT MAY INDICATE TWO TARIFF SUBHEADINGS IN HIS APPLICATION FOR AN IMPORT LICENCE AS FOLLOWS :   EX 20.06 B I D ) 1 AA ) AND EX 20.06 B I D ) 1 BB ), OR   EX 20.06 B I D ) 2 AA ) AND EX 20.06 B I D ) 2 BB ), OR    20.06 B II A ) 6 AA ) AND 20.06 B II A ) 6 BB ), OR   EX 20.06 B II A ) 7 AA ) AND EX 20.06 B II A ) 7 BB ), OR    20.06 B II B ) 6 AA ) AND 20.06 B II B ) 6 BB ), OR   EX 20.06 B II B ) 7 AA ) AND EX 20.06 B II B ) 7 BB ).   THE TWO SUBHEADINGS INDICATED IN THE APPLICATION SHALL BE ENTERED ON THE IMPORT LICENCE .   2 .  WHERE AN APPLICANT AVAILS HIMSELF OF THE PROVISIONS OF PARAGRAPH 1 AND THE AMOUNTS OF THE SECURITIES ARE DIFFERENT IN RESPECT OF THE TWO TARIFF SUBHEADINGS CONCERNED , THE AMOUNT OF SECURITY TO BE TAKEN INTO CONSIDERATION SHALL BE THE HIGHER OF THE TWO .   3 .  WHERE , AS A RESULT OF THE APPLICATION OF PARAGRAPH 1 , A PRODUCT NOT SUBJECT TO AN IMPORT LEVY IS IMPORTED UNDER COVER OF A CERTIFICATE INCLUDING ADVANCE FIXING OF THE LEVY , THE OBLIGATION TO IMPORT WITH ADVANCE FIXING OF THE LEVY SHALL BE CONSIDERED TO HAVE BEEN MET . '   4 . ARTICLES 7 , 8 , 9 AND 9A ARE HEREBY REPEALED .   ARTICLE 2   THIS REGULATION SHALL ENTER INTO FORCE ON 20 MARCH 1979 .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT BRUSSELS , 7 MARCH 1979 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT ****    ANNEX   AMOUNT OF THE SECURITY FOR IMPORT LICENCES WITHOUT ADVANCE FIXING OF THE LEVY    //   // CCT HEADING NO  //  DESCRIPTION  //  AMOUNT IN U.A./100 KG NET //  // EX 20.02 C //  TOMATO CONCENTRATES //  1.5 // EX 20.02 C //  PEELED TOMATOES //  0.5 // EX 20.06 B //  PEACHES IN SYRUP //  0.5 // EX 20.07 B //  TOMATO JUICE //  0.5 //   20.02 A //  MUSHROOMS //  2.0 // EX 20.06 B //  PEARS //  0.5 //   08.12 C //  PRUNES //  1.0 // EX 20.02 G //  PEAS //  0.5 // EX 20.02 G //  FRENCH BEANS //  0.5 // EX 08.10 A // EX 08.11 E // EX 20.03 //  RASPBERRIES //  0.5 // EX 20.05 // EX 20.06 B II //