COUNCIL  REGULATION (EEC) N° 3910/87
of 22 December 1987
amending Regulation (EEC) N° 1035/72 on the common  organization of the market in fruit and vegetables
THE COUNCIL OF THE EUROPEAN  COMMUNITIES
,
Having regard to the Treaty establishing the European Community and in particular Articles 42 and  43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the Community is a Contracting Party to the International Convention on the Harmonized  Commodity Description and Coding System, hereinafter referred to as the 'harmonized system', which  is intended to replace the Convention of 15 December 1950 on Nomenclature for the Classification of  Goods in Customs Tariffs;
Whereas Council Regulation (EEC) N° 2658/87 (3) established, from 1 January 1988, a combined goods  nomenclature based on the harmonized system which will meet the requirements both of the Common  Customs Tariff and of the external trade statistics of the Community;
Whereas, as a result, it is necessary to express the descriptions of goods and tariff heading  numbers which appear in Regulation (EEC) N° 1035/72 (4), as last amended by Regulation (EEC) N°  2275/87 (5), according to the terms of the combined nomenclature, based on the harmonized system;
Whereas mixtures of nuts may be classified according to
their essential character in various  subheadings of Chapter 8
of the Common Customs Tariff at present in force;
whereas, in the combined nomenclature, by way of
simplification, a single subheading has been  established to
cover all mixtures of nuts; whereas it is desirable that the said mixtures be  covered by Regulation (EEC) N° 1035/72;
Whereas certain mixtures of dried fruits, or of dried fruits and nuts, are classified, according to  their essential character, in subheadings of Chapter 8 of the Common Customs Tariff at present in  force which are covered by Regulation (EEC) N° 1035/72; whereas, in the combined nomenclature, 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 desirable that the said mixtures be covered by  Council Regulation (EEC) N° 426/86 of 24 February 1986 on the common organization
of the market in  products processed from fruit and vegetables (6), as last amended by Regulation (EEC) N° 3909/87  (7); whereas, as a result, they should no longer be covered by Regulation (EEC) N° 1035/72;
Whereas numerous regulations in the fruit and vegetables sector must be adapted in the light of the  new nomenclature; whereas, under Article 15 of Regulation (EEC) N° 2658/87, the changes made may be  of a technical nature only; whereas, accordingly, a provision should be introduced whereby all  other adjustments to Council or Commission regulations on the common organization of the markets in  fruit and vegetables should be made in accordance with the procedure laid down in Article 33 of  Regulation (EEC) N° 1035/72, provided that such adjustments are required solely as a result of the  introduction of the harmonized system,
Regulation (EEC) N° 1035/72 is hereby amended as follows:
1.  Article 1 (2) is replaced by the following:
'2. The organization shall cover the following products:
>TABLE>
2.  Annex III is replaced by the Annex to this Regulation.
The Commission, in accordance with the procedure provided for in Article 33 of  Regulation (EEC)
N° 1035/72, shall make the necessary adaptations to
Council or Commission acts  concerning the common
organization of the market in fruit and vegetables which result from the  application of Article 1.
This Regulation shall enter into force on the third day following its publication in the  Official Journal of the European Communities.
shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirely and directly applicable in all  Member States.