COUNCIL REGULATION (EEC) N° 3909/87
of 22 December 1987
amending Regulation (EEC) N° 426/86  on the common organization of the market in products processed from fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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 European 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  replaces the Convention of 15 December 1950 on the 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 Council Regulation (EEC) N° 426/86 of 24 February 1986 on the common  organization of the market in products processed from fruit and vegetables (4), as last amended by  Regulation (EEC) N° 1928/87 (5), according to the terms of the combined nomenclature, based on the  harmonized system;
Whereas mixtures of dried fruits, or of dried fruits and 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 other mixtures of dried
fruits and of dried fruits and  nuts; whereas it is desirable
that the said mixtures te covered by Regulation (EEC) N° 426/86;
Whereas numerous regulations in the processed fruit and vegetables sector must be adapted to take  account of use 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 and Commission regulations on the common  organization of the market in processed fruit and vegetables should be made in accordance with the  procedure laid down in Article 22 of Regulation (EEC) N° 426/86, provided that such adjustments are  required solely as a result of the introduction of the harmonized system,
Regulation (EEC) N° 426/86 is hereby amended as follows:
1.  Article 1 is replaced by the following:
'Article 1
1.  The common organization of the market in products processed from fruit and  vegetables shall cover the following:
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Official Journal of the European Communities
1.
2.  The marketing  years shall extend from:
(a)  10 May to 9 May for cherries in syrup falling
within subheading 2008 60 of the combined  nomenclature;
(b)  1 July to 30 June for:
- peeled tomatoes, whether or not cooked, frozen, falling within subheading 0710 80 70,
- tomato flakes falling within subheading 0712 90 30,
- tomatoes, prepared or preserved, falling within heading N° 2002,
- peaches preserved in syrup, falling within subheading 2008 70,
- tomato juice falling within subheading 2009 50,
- dried figs falling within subheading 0804 20 90;
c)  15 July to 14 July for Williams pears preserved in syrup, falling within subheading 2008 40;
d)  1 September to 31 August for:
- dried grapes falling within subheading 0806 20,
- prunes derived from dried 'prunes d'Ente' falling within subheading 0813 20 00.
The marketing year for other products shall be laid down, where required, in accordance with the  procedure provided for in Article 22. Changes to be made to the marketing years as defined in the  first subparagraph may be adopted in accordance with the same procedure.'
2.  Article 10 (7) is  replaced by the following:
'7.  ''Added sugars content'' for the products listed in Annex III shall mean the reading obtained  by using a refractometer, multiplied by 0,93 in the case of products falling within heading N° 2008  with the exclusion of subheading 2008 11 10, 2008 91 00, 2008 99 85 and 2008 99 91 and by 0,95 in  the case of other products and reduced by the figure appearing in column (2) of Annex III.'
3.   Article 11 (1) is replaced by the following:
'1.  A refund shall be granted to permit exports to non-member countries of:
- white sugar and raw sugar falling within heading N° 1701,
- glucose and glucose syrup falling within subheadings 1702 30 51, 1702 30 59, 1702 30 91, 1702 30  99 and 1702 40 90,
- isoglucose falling within subheadings 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, and
-  beet and cane syrups falling within subheading 1702 90 90,
used in the products listed in Article 1 (1) (b).
The refund fixed shall be granted on applicaiton.'
4.  Article 17 (3) is replaced by the  following:
'3.  However, for citrus fruit juices falling within heading N° 2009, with the exception of  grapefruit juice, Member States may maintain the measures which were applicable until 1 January  1975 concerning imports of such products originating in non-member countries, but without making  them more restrictive.'
5.  Annexes I to IV are replaced by the Annex to this Regulation.
The Commission, in accordance with the procedure provided for in Article 22 of  Regulation (EEC) N° 426/86, shall make the necessary adaptations to Council or Commission acts  concerning the common organization of the market in processed 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 entirety and directly applicable in all  Member States.