CELEX: 51984PC0768
Language: en
Date: 1985-01-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE ARRANGEMENTS APPLICABLE TO AGRICULTURAL PRODUCTS AND CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ORIGINATING IN THE AFRICAN, CARIBBEAN AND PACIFIC STATES OR IN THE OVERSEAS COUNTRIES AND TERRITORIES

8.2. 85.                              Official Journal of the European Communities                            No C 36/3
                                                              II
                                                     (Preparatory Acts)
                                               COMMISSION
               Proposal for a Council Regulation on the arrangements applicable to agricultural
               products and certain goods resulting from the processing of agricultural products orig-
               inating in the African, Caribbean and Pacific States or in the overseas countries and
                                                         territories
                                                    COM(84) 768 final
                            (Submitted by the Commission to the Council on 14 January 1985)
                                                       (85/C 36/03)
THE COUNCIL OF THE EUROPEAN                                       (ii) for products other than those referred to under
COMMUNITIES,                                                           (i), the Community shall take the necessary
Having regard to the Treaty establishing the                           measures to ensure more favourable treatment
European Economic Community, and in particular                         than that applied to third countries benefiting
Articles 43 and 113 thereof,                                           from the most-favoured-nation clause for the
                                                                       same products;
Having regard to Council Regulation (EEC) No
                                                                  Whereas it is laid down in Article 130 (2) (d) of the
3033/80 of 11 November 1980 laying down the trade
                                                                  Convention that the arrangements referred to under
arrangements applicable to certain goods resulting                paragraph (2) (a) shall enter into force at the same
from the processing of agricultural products (*), and             time as the Convention and shall remain applicable
in particular Article 12 thereof,                                 for its duration;
Having regard to the proposal from the Commission,                Whereas the Community has agreed to start applying
Having regard to the opinion of the European Par-                 autonomously to the ACP States signatories of the
liament,                                                          Convention, the arrangements set out in Article 130
                                                                  (2) (a) of the Convention, on trade in agricultural
Whereas the third ACP—EEC Convention of Lome,                     products and foodstuffs, as of 1 March 1985, that is
hereinafter referred to as 'the Convention', between              to say before the Convention enters into force;
the African, Caribbean and Pacific States, hereinafter
referred to as 'the ACP States', and the European                 Whereas the Regulations on the common organ-
Economic Community was signed on 8 December                       ization of the markets in the sectors concerned
1984;                                                             establish trade arrangements with third countries;
                                                                  Whereas for the purposes of this Regulation, the
Whereas Article 130 (2) (a) of the Convention lays
                                                                  concept of import duties shall be that set out in
down that products originating in the ACP States
                                                                  Article 1 (2) (a) of Regulation (EEC) No 918/83 ( 2 );
and:
                                                                  Whereas, on the one hand, these trade arrangements
— listed in Annex II to the Treaty when they come
                                                                  provide only for the application of customs duties on
     under a common organization of the market
                                                                  the import of a number of products; whereas, on the
     within the meaning of Article 40 of the Treaty, or
                                                                  other hand, these arrangements involve, the
— subject, on importation into the Community, to                   application of customs duties and import levies on
     specific rules introduced as a result of the                 beef and veal, sheepmeat and goatmeat, and on
     implementation of the common agricultural                    products processed from fruit and vegetables, the
     policy,                                                      charging of levies in respect of cereals, rice and
shall     be     imported     into    the     Community,          products processed from cereals and rice, the
notwithstanding the general arrangements applied in               charging of an ad valorem duty and a variable
respect of third countries, in accordance with the                component on certain goods resulting from the
following provisions:                                             processing of agricultural products, the application of
 (i) products for which Community provisions in                   customs duties and other measures in respect of
      force at the time of import do not provide, apart           imports of fishery products, certain fruit and
      from customs duties, for the application of any             vegetables, and oils and fats; whereas the obligations
      other measure relating to their import, shall be            of the Community towards the ACP States under
      imported free of customs duties,                            Article 130 (2) (a) of the Convention may be fulfilled
O OJ No L 323, 29. 11. 1980, p. 1.                                O OJ No L 105, 23. 4. 1983, p. 1.
 ---pagebreak---  No C 36/4                              Official Journal of the European Communities                                  8.2.85
 by granting total or partial exemption from import                 import arrangements for agricultural products and
 duties for the products in question where they                     certain goods resulting from the processing of agri-
 originate in the ACP States;                                       cultural products and in respect of the rules or origin,
                                                                    and whose safeguard clauses apply as complementary
 Whereas it should be specified that the advantages                 measures; whereas upon the entry into force of a new
 resulting from Article 130 (2) (a) of the Convention               Decision the provisions which it sets out will be
 are accorded only to originating products within the               applicable;
 meaning of Protocol 1 concerning the definition of
 the concept of originating products and methods of                 Whereas fishery products are subject to the provisions
 administrative     cooperation,       annexed      to   the        of Article 1 of Protocol on special arrangements for
 ACP—EEC Convention of Lome, signed on 31                           Greenland, annexed to the draft treaty amending the
 October 1979 ('), hereinafter referred to as 'the 1979             status of Greenland, signed on 13 March 1984 (5),
 Convention', application of which was extended by                  and of Council Regulation (EEC) No 0000/84 of
 Regulation (EEC) No 0000/00;                                       December 1984 laying down certain specific measures
                                                                    concerning the special arrangements applicable to
Whereas, upon entry into force of the Convention,                   Greenland in respect of fisheries;
 Protocol 1 annexed thereto will become applicable in
 respect of the rules of origin;                                    HAS ADOPTED THIS REGULATION:
Whereas, furthermore, these advantages should be                                             Article 1
 combined with certain conditions and limited to
 certain annual and multiannual quantities on a case-               1.    This Regulation shall apply to products orig-
by-case basis;                                                      inating in the ACP States listed in Annex I or in the
                                                                    countries and territories listed in Annex II.
Whereas there have traditionally been trade flows
from the ACP States to the French overseas                          2.    The rules of origin applicable to such of these
departments; whereas measures should therefore be                  products as are imported from the ACP States or the
introduced to encourage the importation of certain                 countries and territories shall be respectively those set
products originating in the ACP States into these                  out in Protocol 1 annexed to the 1979 Convention
French overseas departments to cover local                          and those in Annex II to Decision 80/1186/EEC.
consumption requirements, including consumption                    These provisions shall cease with effect from the
following processing; whereas provision should be                  entry into force of the similar rules contained in the
made for altering the arrangements governing access                Convention and in the decision to be taken on the
to the markets in products originating in the ACP                  association of the countries and territories.
States referred to in Article 130 (2) of the
                                                                   3.     If there is a change in the status of the countries
Convention, particularly in the light of the said
                                                                   and territories listed in Annex II, the list of States,
departments' economic development requirements;
                                                                   countries and territories referred to in Annexes I and
Whereas it should be stipulated that the safeguard                 II shall be adapted by a Commission Decision.
clauses provided for in the Regulations on the
common organization of the agricultural markets and                                          TITLE I
in specific rules introduced as a result of the
                                                                                          Beef and veal
implementation of the common agricultural policy are
applicable; whereas the provisions of Article 12(1) of                                      Article 2
the Convention of 1979 are replaced by those of
Article     139 (1)     and      these     provisions    are       The products of the beef and veal sector referred to
complementary to and are implemented in accordance                 in Article 1 of Council Regulation (EEC) N o 805/68
with Council Regulation (EEC) No 1470/80 of 9                      (6) shall be imported free of customs duties.
June 1980 on the safeguard measures provided for in
the 1979 Convention (2) and the Regulation which                                            Article 3
will replace it upon entry into force of the
Convention;                                                        Where, in the course of a year, imports into the
                                                                   Community of products falling within subheadings
Whereas the association of the Community with the                  02.01 A l l and 16.02 B III b) 1 aa) of the Common
overseas countries and territories, hereinafter referred           Customs Tariff originating in an ACP State or
to as 'the countries and territories', is governed by              country or territory, exceed a quantity equivalent to
Council Decision 80/1186/EEC ( J ), as last amended                imports into the Community during the year, between
by Decision 0000/000/EEC (4), in respect of the                    1969 and 1974, in which Community imports of
                                                                   products of that origin were highest, plus an annual
(') OJ  No L 347, 22. 12. 1980, p. 1.                              growth rate of 7 °/o, exemption from customs duties
O   OJ  No L 147, 13. 6. 1980, p. 4.
O   OJ  No L 361, 31. 12. 1980, p. 1.                              (») OJ No C 73, 14. 3. 1984, p. 4.
(4) OJ  No L (extension of period of validity).                    (*) OJ No L 148, 28. 6. 1968, p. 24.
 ---pagebreak---  8.2.85                               Official Journal of the European Communities                             No C 36/5
 on the products of that origin shall be partially or             2.    No levy shall be applied to imports of the
 totally suspended in accordance with the procedure               following products, specified in Article 1 (a) of Regu-
 laid down in Article 22.                                         lation (EEC) No 1837/80:
 In that event the Commission shall report to the                 — live sheep and goats, other than pure-bred
 Council which, acting by a qualified majority on a                   breeding animals, falling within subheading
 proposal from the Commission, shall determine the                    01.04 B of the Common Customs Tariff;
 arrangements to be applied to the imports in question.           — meat of sheep and goats, fresh, chilled or frozen,
                                                                      falling within subheading 02.01 A I V of the
                         Article 4                                    Common Customs Tariff, other than that of
                                                                      domestic sheep;
 1.    Within the limits of the quantities referred to in
Article 5, import duties, other than customs duties,             — meat of sheep and goats, salted, in brine, dried or
 applied to products originating in the ACP States                    smoked, falling within subheading 02.06 C II a) of
referred to in Article 1 (a) of Regulation (EEC) No                   the Common Customs Tariff, other than that of
 805/68 shall be reduced by an amount to be fixed                     domestic sheep.
quarterly by the Commission and corresponding to
90 % of the average import duties applicable during a                                     TITLE III
reference period.
                                                                                          Fisheries
2.     Paragraph 1 shall apply only to imports for
which the importer provides proof that an export                                          Article 7
charge of an amount equivalent to the reduction                  Without prejudice to the conditions laid down in
referred to in the said paragraph has been collected             Article 1 of the Protocol on special arrangements for
by the exporting country.                                         Greenland, and to the decisions which may be taken
                                                                 pursuant to Regulation (EEC) No 0000/84 as regards
                         Article 5                               fisheries products originating in Greenland, the
 1.    The reduction in import duties provided for in            fisheries products specified in Article 1 of Council
Article 4 shall cover the following quantities                   Regulation (EEC) N o 3796/81 (2), shall be imported
expressed in terms of boned or boneless meat:                    free of customs duties.
         Botswana                   18 916 tonnes,
                                                                                         TITLE IV
         Kenya                         142 tonnes,
         Madagascar                  7 579 tonnes,                                      Oils and fats
         Swaziland                   3 363 tonnes,                                        Article 8
         Zimbabwe                    8 100 tonnes^
                                                                 The oil and fat products referred to in Article
2.     The Commission shall allocate the quantities set           1 (2) (a) and (b) of Council Regulation No
out in paragraph 1.                                               136/66/EEC (3), shall be imported free of customs
3.     Depending on the dates of entry into force and            duties.
expiry of this Regulation, the quantities, set out in
paragraph 1, expressed by calendar year, shall be                                         TITLE V
calculated pro rata temporis.
                                                                                           Cereals
4.     If an ACP State is unable to supply the total
                                                                                          Article 9
quantity set out in paragraph 1, it may be decided, at
its request, made during a given year, and in                     1.    The levy applicable to imports of maize falling
accordance with the procedure laid down in Article               within subheading 10.05 B of the Common Customs
22, to change, for that or the following year, the               Tariff shall be that fixed in accordance with Article
breakdown among the States of the quantities set out              13 of Council Regulation (EEC) No 2727/75 (4),
in paragraph 1, up to a ceiling of 30 000 tonnes.                reduced by 1,81 ECU per tonne.
                         TITLE II                                2.     The levy applicable to imports of millet falling
                                                                 within subheading 10.07 B of the Common Customs
                Sheepmeat and goatmeat                           Tariff and of grain shorghum falling within sub-
                                                                 heading 10.07 C of the Common Customs Tariff shall
                         Article 6
                                                                 be that fixed in accordance with Article 13 of Regu-
1.     The products referred to in Article 1 of Council          lation (EEC) No 2727/75, reduced by 50 °/o.
Regulation (EEC) No 1837/80 ('), shall be imported
free of customs duties.
                                                                 (2) OJ No L 379, 31. 12. 1981, p. 1.
                                                                 (») OJ No 172, 30. 9. 1966, p. 3025/66.
(') OJ No L 183, 16. 7. 1980, p. 1.                              (4) OJNoL281, 1. 11. 1975, p. 1.
 ---pagebreak--- No C 36/6                            Official Journal of the European Communities                                 8.2. 85
                        TITLE VI                                                        Article 11
                           Rice                                  1.    The reduction in the levy provided for in Article
                                                                 10 shall be subject, per calendar year, to a maximum,
                        Article 10
                                                                expressed as husked rice, of 122 000 tonnes of rice
 1.   Within the limits of the quantities laid down in          falling within subheadings 10.06 B I and B II of the
Article 11, the levy applicable to imports of rice              Common Customs Tariff and 17 000 tonnes of
falling within subheading 10.06 B of the Common                 broken rice falling within subheading 10.06 B III of
Customs Tariff shall be equal, per 1 000 kilograms of           the Common Customs Tariff.
product, to the levy applicable to imports of rice from         Quantities of rice at other stages of processing than
third countries, reduced as follows:                            husked rice shall be converted at the rates laid down
(a) in the case of paddy rice falling within sub-               in Article 1 of Commission Regulation N o
     heading 10.06 B I a) of the Common Customs                 467/67/EEC (2).
     Tariff:                                                    2.     Depending on the dates of entry into force and
     — by 50 % , and                                            expiry of this Regulation, the quantities shown above,
     — by 3,6 ECU;                                              expressed per calendar year, shall be calculated pro
                                                                rata temporis.
(b) in the case of husked rice falling within sub-
     heading 10.06 B i b ) of the Common Customs                3.     The Commission shall suspend the application
     Tariff:                                                    of Article 10 for the remainder of the year if it finds
     — by 50 % , and                                            during the current year that imports under the above
                                                                provisions have reached the levels referred to in
     — by 3,6 ECU;                                              paragraph 1.
(c) in the case of semi-milled rice falling within sub-
     heading 10.06 B II a) of the Common Customs                                        TITLE VII
     Tariff:
                                                                         Products processed from cereals and rice
     — by the amount for the protection of the
        industry referred to in Article 14 (3) of                                       Article 12
        Council Regulation (EEC) N o 1418/76 ('),
                                                                1.     The fixed component of the levy or the customs
        converted by reference to the conversion rate
                                                                duty applicable to imports of the products listed in
        between milled rice and semi-milled rice
                                                                Annex A to Regulation (EEC) N o 2727/75 and the
        referred to in the third indent of Article
                                                                products listed in Article 1 (1) (c) of Regulation
         19 (A) of that Regulation,
                                                                (EEC) N o 1418/76 shall not be charged on any of
     — by 50 % of the levy thus reduced, and                    those products.
     — by 5,4 ECU;                                              2.     The variable component shall be reduced:
(d) in the case of wholly-milled rice falling within            — by 1,81 ECU per 1 000 kilograms for products
     subheading     10.06 B l i b ) of the      Common               falling within subheading 07.06 A of the Common
     Customs Tariff:                                                 Customs Tariff, excluding arrowroot,
     — by the amount for the protection of the                  — 3,63 ECU per 1 000 kilograms for products falling
        industry referred to in Article 14 (3) of Regu-             within subheading 11.04C of the Common
        lation (EEC) No 1418/76,                                     Customs Tariff, excluding flour and meal of
     — by 50 °/o of the levy thus reduced, and                       arrowroot,
     — by 5,4 ECU;                                              — by 50 % for products falling within subheading
(e) in the case of broken rice falling within sub-                   11.08 A V of the Common Customs Tariff,
     heading 10.06 B i l l of the Common Customs                     excluding arrowroot starch.
     Tariff:                                                    3.     The variable component of the levy shall not be
     — by 50 %, and                                             charged in respect of imports of:
     — by 3,0 ECU.                                              — arrowroot falling within subheading 07.06 A of
                                                                     the Common Customs Tariff,
2.    Paragraph 1 shall apply only to imports for
                                                                — flour and meal of arrowroot falling within sub-
which the importer provides proof that an export
                                                                     heading 11.04 C of the Common Customs Tariff,
charge of an amount equivalent to the reduction
refered to in the said paragraph has been collected by          — arrowroot starch falling within subheading
the exporting country.                                               11.08 A V of the Common Customs Tariff.
0) OJ No L 166, 25. 6. 1976, p. 1.                              O OJ No 204, 24. 8. 1967, p. 1.
 ---pagebreak--- 8.2.85                         Official Journal of the European Communities                                 N o C 36/7
                                                    TITLE VIII
                                               Fruit and vegetables
                                                     Article 13
       1.     The products listed below shall be imported free of customs duties:
             CCT
                                                             Description
         heading No
            07.01       Vegetables, fresh or chilled:
                        F. Leguminous vegetables, shelled or unshelled
                        G. Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible
                            roots:
                            ex IV. Other:
                                     — Radishes (Raphanus sativus), known as 'Mooli'
                        S. Sweet peppers
                        T. Other
            08.02       Citrus fruit, fresh or dried:
                        D. Grapefruit
                        E. Other
            08.08        Berries, fresh:
                         E. Papaws
                         F. Other:
                            ex II. Passion fruit
            08.09        Other fruit, fresh
       2.     Subject to the special provisions laid down in paragraph 3, customs duties shall be
       reduced as follows for the products listed below:
             CCT                                      Description                                Rate of
          heading No                                                                            reduction
             07.01       Vegetables, fresh or chilled:
                             G. Carrots, turnips, salad beetroot, salsify, celeriac, radishes
                                 and similar edible roots:
                                ex II: Carrots and turnips:
                                         — Carrots, from 1 January to 31 March                    40%
                         ex H. Onions, shallots and garlic:
                                — Onions, from 15 February to 15 May                              60%
                         ex K. Asparagus:
                                — From 15 August to 31 January                                    40%
 ---pagebreak--- No C 36/8                             Official Journal of the European Communities                            8.2.85
                CCT                                         Description                            Rate of
            heading No                                                                            reduction
           07.01                 M. Tomatoes:
          (cont'd)                     ex I. From 1 November to 14 May (from 15 November
                                             to 30 April (within the annual limit of a
                                             Community tariff quota of 2 000 tonnes))               60%
                                  Q. Mushrooms and truffles:
                                       IV. Other                                                    40%
           08.02              Citrus fruit, fresh or dried:
                             A. Oranges                                                             80%
                              B. Mandarins (including tangerines and satsumas); Clementines,
                                 wilkings and other similar citrus hybrids                          80%
           08.08              Berries, fresh:
                             A. Strawberries
                                  ex II. From 1 August to 30 April (from 1 November to the
                                          end of February with the annual limit of a
                                          Community tariff quota of 700 tonnes)                     60%
          3.     Imports of carrots falling within subheading ex 07.01 G II of the Common Customs
          Tariff and of onions falling within subheading ex 07.01 H of the Common Customs
          Tariff at the reduced rates of customs duty shown in paragraph 2 shall be subject to
          annual ceilings of 500 tonnes for each of these products, above which the customs duties
          actually applied in respect of third countries shall be restored.
                                                            TITLE IX
                                       Products processed from fruit and vegetables
                                                            Article 14
          1.     The products listed in Article 1 of Council Regulation (EEC) No 516/77 (') shall
          be imported free of customs duties.
          2.     Levies shall not be charged on imports of the products listed below:
                CCT
             heading No                                             Description
                20.06         Fruit otherwise prepared or preserved, whether or not containing added sugar or
                              spirit:
                              B. Other:
                                   I. Containing added spirit:
                                      b) Pineapples, in immediate packings of a net capacity:
                                          1. Of more than 1 kg:
                                             aa) With a sugar content exceeding 17 % by weight
          0) O J N o L 7 3 , 21. 3. 1977, p. 1.
 ---pagebreak--- 8.2.85                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s      N o C 36/9
          CCT                                           Description
       heading No
          20.06           2. Of 1 kg or less:
         (cont'd)            aa) With a sugar content exceeding 19 % by weight
                      e) Other fruits:
                          1. With a sugar content exceeding 9 % by weight:
                             ex aa) Of an actual alcoholic strength by mass not exceeding
                                        11,85 % mass:
                                       — Grapefruit segments
                                       — Passion fruit
                                       — Guavas
                             ex bb) Other:
                                       — Grapefruit segments
                                       — Passion fruit
                                       — Guavas
                      f) Mixtures of fruit:
                          1. With a sugar content exceeding 9 % by weight:
                             ex aa) Of an actual alcoholic strength by mass not exceeding
                                        11,85% mass:
                                       — Mixtures of pineapples, papaws and passion fruit
                             ex bb) Other:
                                       — Mixtures of pineapples, papaws and passion fruit
                  II. Not containing added spirit:
                      a) Containing added sugar, in immediate packings of a net capacity of
                         more than 1 kg:
                             2. Grapefruit segments
                             5. Pineapples:
                                 aa) With a sugar content exceeding 17 % by weight:
                         ex 8. Other fruits:
                                — Passion fruit
                                — Guavas
                             9. Mixtures of fruit:
                                 ex aa) Mixtures in which no single fruit exceeds 50 % of the
                                             total weight of the fruits:
                                            — Mixtures of pineapples, papaws and passion fruit
                                ex bb) Other:
                                            — Mixtures of pineapples, papaws and passion fruit
                      b) Containing added sugar, in immediate packings of a net capacity not
                         exceeding 1 kg:
                             2. Grapefruit segments
                             5. Pineapples:
                                 aa) With a sugar content exceeding 19 % by weight
                         ex 8. Other fruits:
                                — Passion fruit
                                — Guavas
                             9. Mixtures of fruit:
                                 ex aa) Mixtures in which no single fruit exceeds 50 % of the
                                            total weight of the fruits:
                                            — Mixtures of pineapples, papaws and passion fruit
                                ex bb) Other:
                                            — Mixtures of pineapples, papaws and passion fruit
 ---pagebreak--- N o C 36/10                                 Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s          8. 2. 85
                  CCT                                                        Description
              heading No
                  20.07              Fruit juices (including grape must) and vegetable juices, whether or not containing
                                     added sugar, but unfermented and not containing spirit:
                                     A. Of a density exceeding 1,33 g/cm 3 at 20°C:
                                        III. Other:
                                               b) Of a value of 30 ECU or less per 100 kg net weight:
                                                   ex 1. With an added sugar content exceeding 30 % by weight:
                                                          — Pineapple
                                                         — Passion fruit
                                                         — Guavas
                                                         — Mixtures of pineapples, papaws and passion fruit
                                     B. Of a density of 1,33 g/cm 3 or less at 20°C:
                                         II. Other:
                                              b) Of a value of 30 ECU or less per 100 kg net weight:
                                                   5. Pineapple juice:
                                                      aa) With an added sugar content exceeding 30 % by weight
                                                   7. Other fruit and vegetable juices:
                                                      ex aa) With an added sugar content exceeding 30 % by weight:
                                                              — Passion fruit
                                                              — Guavas
                                                   8. Mixtures:
                                                      bb) Other:
                                                          ex 11: With an added sugar content exceeding 30 % by
                                                                    weight:
                                                                    — Pineapple, papaws and passion fruit juice
                                                                      TITLE X
                                                                       Wine
                                                                     Article  15
            T h e p r o d u c t s listed b e l o w shall be imported free of customs duties:
                  CCT
              heading No                                                     Description
                 20.07               Fruit juices (including grape must) and vegetable juices, whether or not containing
                                     added sugar, but unfermented and not containing spirit:
                                    A. Of a density exceeding 1,33 g/cm 3 at 20° C:
                                        I. Grape juice (including grape must):
                                            ex a) Of    a value exceeding 22 ECU per 100 kg net weight:
                                                     —  With an added sugar content exceeding 30 % by weight
                                                 b) Of  a value not exceeding 22 ECU per 100 kg net weight:
                                                     1. With an added sugar content exceeding 30 % by weight
 ---pagebreak--- 8. 2. 85                        Official Journal of the European Communities                              No C 36/11
              CCT                                            Description
           heading No
              20.07       B. Of a density of 1,33 g/cmJ or less at 20° :
             (cont'd)
                             I. Grape, apple and pear juice (including grape must); mixtures of apple and
                                pear juice:
                                a) Of a value exceeding 18 ECU per 100 kg net weight:
                                   1. Grape juice (including grape must):
                                      aa) Concentrated:
                                            11. With an added sugar content exceeding 30 % by weight
                                      bb) Other:
                                            11. With an added sugar content exceeding 30 % by weight
                                b) Of a value of 18 ECU or less per 100 kg net weight:
                                   1. Grape juice (including grape must):
                                      aa) Concentrated:
                                            11. With an added sugar content exceeding 30 % by weight
                                      bb) Other:
                                            11. With an added sugar content exceeding 30 % by weight
                                                      TITLE XI
                                                    Raw tobacco
                                                      Article 16
         The tobacco products listed in Article 1 of Council Regulation (EEC) No 727/70 (')
         shall be imported free of customs duties.
                                                      Article 17
         If serious disturbances occur as a result of a large increase in duty-free imports of pro-
         ducts falling within heading No 24.01 of the Common Customs Tariff originating in the
         ACP States or in the countries and territories, or if these imports create difficulties which
         bring about a deterioration in the economic situation of a region of the Community, the
         Community may, without prejudice to Article 25, take measures to counteract any
         deflection of trade.
                                                     TITLE XII
                           Goods to which Regulation (EEC) No 3033/80 applies
                                                      Article 18
         1.    No fixed component shall be charged on imports of goods to which Regulation
         (EEC) No 3033/80 applies.
         O OJ No L 94, 28. 4. 1970, p. 1.
 ---pagebreak--- N o C 36/12                           Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                 8. 2. 85
            2.     T h e variable c o m p o n e n t shall n o t be charged on imports of the g o o d s listed b e l o w :
                  CCT                                                  Description
               heading No
                  17.04        Sugar confectionery, not containing cocoa:
                               C. White chocolate
                  18.06        Chocolate and other food preparations containing cocoa:
                               C. Chocolate and chocolate goods, whether or not filled; sugar confectionery
                                    and substitutes therefor made from sugar substitution products, containing
                                   cocoa
                  19.02        Malt extract; preparations of flour, meal, starch of malt extract, of a kind used as
                               infant food or for dietetic or culinary purposes, containing less than 50 % by
                               weight of cocoa:
                               B. Other:
                                   II. Other:
                                       a) Containing no milk fats or containing less than 1,5 % by weight of such
                                           fats:
                                           4. Containing 45 % or more but less than 65 % by weight of starch
                  19.04        Tapioca and sago; tapioca and sago substitutes obtained from potato or other
                               starches
                  19.07        Bread, ships' biscuits and other ordinary bakers' wares, not containing added
                               sugar, honey, eggs, fats, cheese or fruit; communion wafers, cachets of a kind
                               suitable for pharmaceutical use, sealing waters, rice paper and similar products:
                               D. Other, containing by weight of starch:
                                    ex II. 50 % or more, excluding ships' biscuits
                  19.08        Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing
                               cocoa in any proportion:
                               B. Other:
                                   IV. Containing 50 % or more but less than 65 % by weight of starch:
                                        a) Containing no sucrose or containing less than 5 % by weight of
                                            sucrose (including invert sugar expressed as sucrose):
                                            ex 1. Containing no milk fats or containing less than 1,5 % by weight
                                                     of such fats:
                                                     — Biscuits
                                    V. Containing 65 % or more by weight of starch:
                                       ex a) Containing no sucrose or containing less than 5 % by weight of
                                                 sucrose (including invert sugar expressed as sucrose):
                                                 — Biscuits
                                       ex b) Other:
                                                 — Biscuits
 ---pagebreak--- 8.2.85                                     Official Journal of the European Communities                               N o C 36/13
                           TITLE XIII                                 in a year, and if such imports are causing or are likely
                                                                      to cause serious disturbances on those markets, the
       Other markets subject to common organization                   Commission shall, at the request of a Member State
                                                                      or on its own initiative, take the necessary measures.
                            Article 19                                Any Member State may, within three working days of
The products covered by Council Regulations (EEC)                     notification of the measure taken by the Commission,
No 1308/70 (flax and hemp) ('), No 1696/71 (hops)                     refer that measure to the Council. The Council shall
O , N o 234/68 (live plants) ( J ), No 2358/71 (seeds)                meet forthwith. It may, acting by a qualified majority,
(4), No 827/68 (certain products listed in Annex II to                 amend or annul the measure in question.
the Treaty) ( s ), and N o 1117/78 (dried fodder) (4)
shall be imported free of customs duties.                              4.    This Article shall apply to products released for
                                                                       home use in the French overseas departments. Such
                                                                       products may not be re-exported. If necessary,
                                                                       measures to ensure this may be taken in accordance
                           TITLE XIV                                   with the procedure laid down in Article 22.
          Provisions relating to the French overseas
                           departments
                                                                                                TITLE XV
                                                                                      General and final provisions
                             Article 20
 1.      Subject to the provisions of paragraphs 3 and 4,                                        Article 21
the levies shall not be applied to direct imports into
the French overseas departments of the products                        The reductions provided for by this Regulation shall
 listed below originating in the ACP States or in the                  be calculated by reference to:
 countries and territories:
                                                                       — the variable component of levies, where the levies
        CCT                                                                 contain such components;
       heading                       Description
         No
                                                                       — in other cases, the levies,
       01.02        Live animals of the bovine species:
                    A. Domestic species:                               applicable to imports from third countries into the
                       II. Other                                       Community as at present constituted.
       02.01        Meat and edible offals of the animals falling
                    within heading No 01.01, 01.02, 01.03 or
                    01.04, fresh, chilled or frozen:                    However, during the period of application of
                                                                        accession compensatory amounts in trade between the
                    A. Meat:                                            Community as at present constituted and new
                       II. Of bovine animals                            Member States, measures to prevent deflection of
       10.05 B      Maize                                               trade shall be taken in accordance with the procedure
                                                                        laid down in Article 22, if this proves necessary.
  2.      Subject to the provisions of paragraph 4, the                                          Article 22
  levy shall not be applied to direct imports into the
  overseas department of Reunion of rice falling within                  1.    If necessary, detailed rules for the application of
  subheading No 10.06 B of the Common Customs                           this Regulation shall be adopted in accordance with
  Tariff.                                                               the procedure laid down in Article 26 of Regulation
                                                                        (EEC) No 2727/75 or, as the case may be, in the
                                                                        corresponding Articles of the other Regulations on
  3.      If imports into the French overseas departments               the common organization of agricultural markets.
  of maize originating in the ACP States or in the
  countries and territories have exceeded 25 000 tonnes
                                                                        2.     In the case of bovine meat and rice, these
                                                                         detailed rules shall relate in particular to:
  O     OJ No L 146, 4. 7. 1970, p. 2.
  (2)   O J N o L 175,4.8. 1971, p. 1.
  O     OJ No L 55, 2. 3. 1968, p. 1.                                    (a) the basis for calculation and the reference period
   (4)  OJ No L 246, 5. 11. 1971, p. 1.                                      to be taken into consideration for fixing the
   (»)  OJ No L 151, 30. 6. 1968, p. 16.                                     amount by which the import duties are to be
   (')  OJ No L 142, 30. 5. 1978, p. 1.                                      reduced;
 ---pagebreak--- No C 36/14                         Official Journal of the European Communities                              8.2.85
(b) the arrangements for fixing the corresponding             cultural markets and in the specific rules introduced
     amount to be collected by the exporting country;         as a result of the implementation of the common agri-
                                                              cultural policy shall be applicable to the products
(c) the issue of import licences;
                                                              covered by the Regulation.
(d) the forms of proof acceptable and checking pro-
     cedures.                                                 2.    As regards relations with the ACP States, the
                                                              provisions of Regulation (EEC) No 1470/80 shall
                       Article 23                             apply as complementary measures, as shall the
                                                              provisions which replace them upon entry into force
On the basis of the economic development                      of the Convention.
requirements of the French overseas departments, the
Council, acting by a qualified majority on a proposal         3.    As regards the countries and territories, the
from the Commission, may alter the arrangements               provisions of Article 13 of Decision 80/1186/EEC
governing access to those departments' markets for            and of Annex III thereto shall apply as
the products covered by this Regulation.                      complimentary measures, as shall the provisions
                                                              which replace them as from the entry into force of
                       Article 24                             the new Decision on the association of the countries
                                                              and territories.
This Regulation shall be without prejudice either to
the operation of Article 72 of the Act concerning the                                 Article 26
conditions of accession of the Hellenic Republic and
                                                              This Regulation shall enter into force on 1 March
the adjustments to the Treaties or to the operation of
the corresponding Articles of the Acts of Accession of        1985. It shall apply until 1 March 1986.
other acceding countries.                                     The Council, acting by a qualified majority on a
                                                              proposal from the Commission may decide to extend
                       Article 25                             this Regulation beyond that date.
1.    The safeguard clauses provided for in the Regu-         This Regulation shall be binding in its entirety and
lations on the common organization of the agri-               directly applicable in all Member States.
 ---pagebreak--- 8.2.85                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s         N o C 36/15
                                                             ANNEX       I
                                      List of the ACP States referred to in Article 1
       [Angola]                                                        Madagascar
       Antigua and Barbuda                                             Malawi
       Bahamas                                                         Mali
       Barbados                                                        Mauritania
       Belize                                                          Mauritius
       Benin                                                           Mozambique
       Botswana                                                        Niger
       Burkina-Faso                                                    Nigeria
       Burundi                                                         Papua New Guinea
       Cameroon                                                        Rwanda
       Cape Verde                                                      Sao Tome and Principe
       Central African Republic                                        Senegal
       Chad                                                             Seychelles
       Comoros                                                          Sierra Leone
       Congo                                                            Solomon Islands
       Djibouti                                                         Somalia
       Dominica                                                         St Christopher and Nevis
       Ethiopia                                                         St Lucia
       Equatorial Guinea                                                St Vincent and the Grenadines
       Fiji                                                             Sudan
       Gabon                                                            Suriname
       Gambia                                                           Swaziland
       Ghana                                                           Tanzania
       Grenada                                                         Togo
       Guinea                                                           Tonga
       Guinea-Bissau                                                    Trinidad and Tobago
       Guyana                                                           Tuvalu
       Ivory Coast                                                      Uganda
       Jamaica                                                          Vanuatu
       Kenya                                                            Western Samoa
       Kiribati                                                         Zaire
       Lesotho                                                          Zambia
       Liberia                                                          Zimbabwe
                                                             ANNEX       II
                               List of the countries and territories referred to in Article 1
        (This list is without prejudice to the status of these countries and territories now or in the future)
        1. Overseas countries of the Kingdom of the Netherlands:
            — The Netherlands Antilles (Aruba, Bonaire, Curacao, St Martin, Saba, St Eustatius).
        2. Overseas territories of the French Republic:
            — New Caledonia and dependencies,
            — Wallis and Futuna Islands,
            — French Polynesia,
            — French Southern and Antarctic Territories.
        3. 'Collectivite territoriale' of the French Republic:
            — Mayotte.
 ---pagebreak--- No C 36/16                           Official Journal of the European Communities                    8.2.85
           4. Overseas countries and territories of the United Kingdom of Great Britain and Northern
              Ireland:
              —   Anguilla.
              —   Cayman Islands.
              —   Falkland Islands and dependencies.
              —   Turks and Caicos Islands.
              —   British Virgin Islands.
              —   Montserrat.
              —   Pitcairn.
              —   St Helena and dependencies.
              —   British Antarctic Territory.
              —   British Indian Ocean Territory.
           5. Overseas country of the Kingdom of Denmark:
              — Greenland.