31968R0865

Official Journal of the European Communities 225

No L 153/8 Official Journal of the European Communities 1.7.68

REGULATION (EEC) No 865/68 OF THE COUNCIL

of 28 June 1968

on the common organisation of the market in products processed from fruit and vegetables

THE COUNCIL OF THE EUROPEAN COMMUNITIES , mon organisation of the market in sugar; whereas an identical import charge should also be levied on Having regard to the Treaty establishing the the glucose and glucose syrup components incor­ European Economic Community, and in particular porated as sugar substitutes in the processed products Articles 42 and 43 thereof; concerned ;

Whereas, similarly, provision should be made for Having regard to the proposal from the Commission ; granting a refund on sugar incorporated in exports to third countries designed to cover the difference Having regard to the Opinion of the European Par­ between prices for white sugar ruling outside and liament ; inside the Community, where the world market price is lower than the Community price ; whereas provi­ Whereas, at the present stage of the progressive sion should also be made for granting a special establishment of a common organisation of the mar­ refund on glucose and glucose syrup under the con­ ket in fruit and vegetables, regulations governing ditions laid down in Council Regulation No 120/67/ trade are limited to fresh products ; whereas the EEC2 of 13 June 1967 on the common organisation production of and trade in products processed from of the market in cereals ; fruit and vegetables are an important factor in the economy of the Community; whereas it is therefore Whereas, in the interests of stability in commercial necessary to supplement the regulation of the market transactions, consideration should be given to the in fruit and vegetables by a common organisation possibility of allowing interested parties to have the of the market in products processed from fruit and amounts of the refunds and levies fixed in advance ; vegetables to permit the further development of the whereas, in the interests of sound administration, common market, the interests of producers being provision should be made for the introduction of taken into account ; advance fixing certificates, which would involve the lodging of a deposit guaranteeing the commitment to Whereas the common organisation of the markets in import or export during the period of validity of sugar and cereals make provision for price and trading the certificate ; systems for these products ; whereas the application of these systems has the effect of keeping prices Whereas provision should be made for the possibility for sugar, glucose and glucose syrup at a certain of regulating or, insofar as the situation on the mar­ level ; whereas, in view of the direct and substantial ket requires, prohibiting the use of 'inward processing incidence of these raw materials on the cost price arrangements'; whereas, moreover, refunds should of certain processed products, the trading system for be so fixed that Community basic products used by processed products must be brought into line with processing industries in the Community with a view the trading systems for sugar and cereals ; to export are not placed at a disadvantage by inward processing arrangements which might induce these Whereas provisions must therefore be adopted to industries to give preference to basic products im­ ensure that a levy is charged on the sugar component ported from third countries ; whereas the creation of incorporated in processed products under conditions a single market for products processed from fruit and similar to those operative under Council Regulation vegetables necessitates Community control of inward No 1009/67/EEC1 of 18 December 1967 on the com­ processing arrangements ;

1 OJ No 308 , 18 . 12 . 1967, p. 1 . 2 OJ No 117, 19 . 6. 1967, p. 2269767.

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Whereas the system thus established justifies the CCT application of the Common Customs Tariff; whereas heading No Description of goods it is, moreover, necessary to proceed rapidly to the co-ordination and standardisation of the treatment 08.11 Fruit provisionally preserved (for example accorded to imports from third countries ; by sulphur dioxide gas , in brine, in sul­ phur water or in other preservative solutions), but unsuitable in that state Whereas the establishment of a single market in for immediate consumption products processed from fruit and vegetables involves 08.12 Fruit, dried , other than that falling within the removal at the internal frontiers of the Com­ heading No 08.01 , 08.02, 08.03 , 08.04 or munity of all obstacles to the free movement of the 08.05 goods in question ; 08.13 Peel of melons and citrus fruit, fresh , frozen , dried or provisionally preserved Whereas the establishment of a single market in the in brine, in sulphur water or in other products in question would be jeopardised by the preservative solutions granting of certain aids ; whereas, therefore, the pro­ ex 13.03 B Pectin visions of the Treaty which allow the assessment of 20.01 Vegetables and fruit, prepared or pre­ aids granted by Member States and the prohibition served by vinegar or acetic acid, with or of those which are incompatible with the common without sugar, whether or not containing market should be made to apply to the products in salt, spices or mustard question . 20.02 Vegetables prepared or preserved other­ wise than by vinegar or acetic acid Whereas the common organisation of the market in 20.03 Fruit preserved by freezing, containing products processed from fruit and vegetables must added sugar take appropriate account, at the same time, of the 20.04 Fruit, fruit-peel and parts of plants, objectives set out in Articles ' 39 and 110 of the preserved by sugar (drained , glacé or Treaty ; crystallised)

20.05 Jams , fruit jellies, marmalades , fruit purée Whereas, in order to facilitate implementation of the and fruit pastes, being cooked prepara­ proposed measures, a procedure should be provided tions , whether or not containing added for establishing close co-operation between Member sugar States and the Commission within a Management 20.06 Fruit otherwise prepared or preserved , Committee ; whether or not containing added sugar or spirit ex 20.07 Fruit juices (excluding grape juice and must) and vegetable juices , whether or HAS ADOPTED THIS REGULATION : not containing added sugar, but unfer­ mented and not containing spirit ex 20.07 Grape juice ( including grape must), not Article 1 containing spirit, with an added sugar content exceeding 30% by weight The common organisation of the market in products processed from fruit and vegetables shall cover the following : Article 2

CCT heading No Description of goods 1 . In addition to the customs duty referred to in Article 9 ( 1 ), an import levy calculated as described in the paragraphs which follow shall be charged on ex 07.02 Vegetables (whether or not cooked), the various added sugars contained in the products preserved by freezing , excluding olives listed in Annex 1 . ex 07.03 Vegetables provisionally preserved in brine, in sulphur water or in other 2. For 100 kilogrammes net of imported product, preservative solutions , but7not specially this levy shall be equal to the levy referred to in prepared for immediàte consumption, excluding olives Article 14 (5 ) of Regulation No 1009/67/EEC, expressed per kilogramme of sucrose, multiplied by ex 07.04 Dried , dehydrated or evaporated vege­ the figure for the product in question appearing in tables , whole, cut, sliced, broken or in column 1 of Annex II . powder, but not further prepared , excluding olives 08.10 Fruit ( whether or not cooked), preserved However, for the period from 1 to 31 July 1968, this by freezing, not containing added sugar levy shall be 0 2022 units of account per kilogramme of white sugar.

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3 . If the added sugar content per 100 kilogrammes , Regulation No 120/67/EEC of 13 June 1967 on net of imported product established as described in the common organisation of the market in cereals the following subparagraph is three kilogrammes or and the provisions adopted for its application, more above the content expressed by the figure for multiplied by a figure expressing the quantity of the product in question appearing in column 1 of glucose or glucose syrup added per 100 kilo­ Annex I, the levy per 100 kilogrammes net of grammes net of finished product. imported product shall be calculated by multiplying However, for the period from 1 to 31 July 1968, the levy referred to in paragraph 2, expressed per the amount of the refund shall be equal to 0-2022 kilogramme of sucrose, by a figure representing the units of account per kilogramme of white sugar. added sugar content defined below.

'Added sugar content' means the reading obtained 3 . The figures referred to in paragraph 2 shall be by using a refractometer as described in Annex III, determined on the basis of the declaration referred multiplied by 093 in the case of products falling to in Article 4. within heading No 20.06 of the Common Customs Tariff and by 0 95 in the case of other products listed 4. The refunds referred to in paragraph 1 shall be in Annex I and reduced by the figure for the product granted only insofar as the products exported are in question appearing in column 2 of Annex I. of sound and marketable quality and intended for human consumption. 4. If the added sugar content per 100 kilogrammes net of imported product is 2 kilogrammes or more 5 . Detailed rules for the application of this Article below the content expressed by the figure for the shall be adopted as necessary in accordance with the product in question appearing in column 1 of procedure laid down in Article 15. Annex I, the levy shall, at the request of the party concerned, be calculated in accordance with the pro­ Article 4 visions of paragraph 3 . 1 . To qualify for the refund referred to in Article 3 , 5 . Detailed rules for the application of the preceding the products listed in Annex II must be accompanied paragraphs shall be adopted as necessary in accord­ by a declaration from the party concerned indicating ance with the procedure laid down in Article 15 . the amounts of sucrose, glucose and glucose syrup incorporated therein . 6. The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty 2. Where the provisions of Article 2 (3 ) or (4) apply, on a proposal from the Commission, may amend the products listed in Annex I must be accompanied Annex I. by a declaration from the importer indicating the added sugar content established by the method Article 3 described in Article 2 (3 ). 1 . To permit exports to third countries of sugars 3 . The accuracy of the declarations referred to in falling within heading No 17.01 of the Common the foregoing paragraphs shall be subject to control Customs Tariff, of glucose and of glucose syrup by the competent authorities of the Member State falling within heading No 17.02 B of the Common concerned. Customs Tariff, incorporated in the products listed in Annex II, a refund shall be granted insofar as the products listed in Article 1 ( 1 ) (d) of Regulation 4. Detailed rules for the application of this Article No 1009/67/EEC benefit from an export refund. shall be adopted as necessary in accordance with the procedure laid down in Article 15 . 2 . For 100 kilogrammes net of exported product the amount of the refund granted shall be equal : Article S

— in the case of raw sugar and white sugar, to the 1 . The levy referred to in Article 2 ( 1 ) and the re­ refund granted per kilogramme of sucrose in fund referred to in Article 3 ( lj shall be those appli­ accordance with Article 17 of Regulation No cable on the day of importation or exportation. 1009/67/EEC and with the provisions adopted for its application, for the products listed in Ar­ 2. However, the levy or refund calculated in accord­ ticle 1 ( 1 ) (d) of that Regulation, multiplied by a ance with the provisions of Article 2 or Article 3 figure expressing the quantity of sucrose incor­ and in force on the day on which an application for porated per 100 kilogrammes net of finished the advance fixing certificate referred to in Article 6 product ; is lodged, may be applied to a transaction to be — in the case of glucose and glucose syrup, to the effected during the validity of the certificate provided refunds granted per kilogramme for each of those the party concerned so requests when applying for products in accordance with Article 16 of Council the certificate .

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The necessary provisions to co-ordinate and standard­ Article 8 threshold price for white sugar in force on the day 1 . To the extent necessary for the proper working of importation. of the common organisations of the markets in cereals, sugar and fruit and vegetables, the Council, 3 . Detailed rules for the application of the previous acting in accordance with the voting procedure laid paragraphs shall be adopted as necessary in accord­ down in Article 43 (2) of the Treaty on a proposal ance with the procedure laid down in Article 15 . from the Commission, may, in special cases, prohibit, in whole or in part, the use of inward processing 4. The Council, acting in accordance with the voting arrangements in respect of raw sugar, white sugar, procedure laid down in Article 43 (2) of the Treaty glucose, glucose syrup and fruit and vegetables on a proposal from the Commission, shall adopt which are intended for the manufacture of the goods measures to be applied in exceptional circumstances . listed in Article 1 .

2. Community provisions to regulate the inward Article 6 processing trade in the raw materials listed in para­ graph 1 shall be adopted not later than 1 July 1968 . 1 . In trade with third countries, all imports or 3 . The quantity of raw materials which, under in­ exports into or out of the Community of products covered by the advance fixing system for levies or ward processing arrangements, is not subject to cus­ refunds referred to in Article 5 shall be made con­ toms duty, levy or charge having equivalent effect ditional on the submission of an advance fixing cer­ must correspond to the true conditions under which the processing operation in question is effected. tificate issued by Member States to any applicant irrespective of the place of his establishment in the Article 9 Community. 1 . The Common Customs Tariff shall be applied to The advance fixing certificate shall be valid for any the products listed in Article 1 . The levying of any transaction effected in the Community from a date charge having equivalent effect to a customs duty to be fixed by the Council, acting in accordance with shall be prohibited . the voting procedure laid down in Article 43 (2) of the Tre'aty on a proposal from the Commission, and 2. The general rules for the interpretation of the from 1 August 1969 at the latest. Common Customs Tariff and the special rules for its application shall apply to the tariff classification Until that date, such a certificate shall be valid only of the products covered by this Regulation; the tariff for a transaction effected in the Member State which nomenclature resulting from application of this Regu­ issued it. lation shall be incorporated in the Common Cus­ toms Tariff from the date on which the latter is 2. The issue of advance fixing certificates shall be fully applied. conditional on the lodging of a deposit guaranteeing Article 10 the commitment to import or export during the period of validity of the certificate; the deposit shall 1 . The following shall be prohibited in intra-Com­ be forfeited in whole or in part if the transaction munity trade : is not effected, or is only partially effected, within that period. — the levying of any customs duty or charge having equivalent effect; 3 . The period of validity of advance fixing certifi­ — any quantitative restriction or measure having cates, the amount of the deposit and the other equivalent effect; detailed rules for the application of this Article shall be adopted in accordance with the procedure laid — recourse to Article 44 of the Treaty. down in Article 15 . 2 . Products listed in Article 1 which are manufac­ tured or obtained from products to which Article 9 Article 7 (2) and Article 10 ( 1 ) of the Treaty do not apply shall not be admitted to free circulation within the The necessary provisions to co-ordinate and standard­ Community. ise the treatment accorded by each Member State to Article 11 imports from third countries shall be adopted by the Council, acting in accordance with the voting pro­ Should the different manner in which Member States cedure laid down in Article 43 (2) of the Treaty on a apply Regulation No 159/66/EEC1 have unfavourable proposal from the Commission, before 1 January 1969 . These provisions shall be applied not later than 1 July 1969 . 1 OJ No 192 , 27.10.1966, p. 3286/66.

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economic effects on Community production of prod­ mittee shall deliver its Opinion on such measures ucts processed from fruit and vegetables, the Coun­ within a time limit to be set by the Chairman accord­ cil, acting in accordance with the voting procedure ing to the urgency of the questions under consider­ laid down in Article 43 (2) of the Treaty on a pro­ ation. An Opinion shall be adopted by a majority posal from the Commission, shall adopt measures of twelve votes . to mitigate such effects. 3 . The Commission shall adopt measures which Article 12 shall apply immediately. However, if these measures are not in accordance with the Opinion of the Com­ Save as otherwise provided in this Regulation, mittee, they shall forthwith be communicated by the Articles 92, 93 and 94 of the Treaty shall apply to Commission to the Council. In that event the Com­ the production of and trade in the products listed in mission may defer application of the measures which Article 1 . it has adopted for not more than one month from the date of such communication . Article 13 The Council, acting in accordance with the voting Member States and the Commission shall communi­ procedure laid down in Article 43 (2) of the Treaty, cate to each other the information necessary for may take a different decision within one month. implementing this Regulation. Rules for the com­ munication and distribution of such information shall Article 16 be adopted in accordance with the procedure laid down in Article 15 . The Committee may consider any other question referred to it by its Chairman either on his own Article 14 initiative or at the request of the representative of a Member State. 1 . A Management Committee for Products Processed from Fruit and Vegetables (hereinafter called the 'Committee') shall be established, consisting of rep­ Article 17 resentatives of Member States and presided over At the end of the transitional period the Council, by a representative of the Commission. acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal 2. Within the Committee the votes of Member from the Commission, shall decide in the light of States shall be weighted in accordance with Article experience whether to retain or amend the provisions 148 (2) of the Treaty. The Chairman shall not vote. . of Article 15 .

Article 15 Article 18 1 . Where the procedure laid down in this Article is This Regulation shall be so applied that appropriate to be followed, the Chairman shall refer the matter to account is taken, at the same time, of the objectives the Committee either on his own initiative or at the set out in Articles 39 and 110 of the Treaty. request of the representative of a Member State.

Article 19 2. The representative of the Commission shall sub­ mit a draft of the measures to be taken. The Com­ This Regulation shall enter into force on 1 July 1968 .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 28 June 1968 .

For the Council

The President

E. FAURE

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ANNEX I

C CT heading No De scription of goods (D ( 2 )

20.03 Fruit preserved by freezing, containing added sugar : A With a sugar content exceeding 13% by weight 20 13

20.04 Fruit, fruit-peel and parts of plants , preserved by sugar (drained , glacé or crystallised) : B Other : I With a sugar content exceeding 13% by weight 57 13

20.05 Jams , fruit jellies , marmalades , fruit purée and fruit pastes , being cooked preparations, whether or not containing added sugar :. A Chestnut purée and paste : r With a sugar content exceeding 13% by weight 47 13 B Jams and marmalades of citrus fruit : I With a sugar content exceeding 30% by weight 55 13 II With a sugar content exceeding 13% but not exceeding 30% by weight 10 13 C Other : With a sugar content exceeding 30% by weight 55 13 II With a sugar content exceeding 13% but not exceeding 30% by weight 10 13

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 6 13­ 2 Of 1 kg or less : (aa ) With a sugar content exceeding 19% by weight 6 13 (c) Grapes : 1 With a sugar content exceeding 13% by weight 9 13 (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 10 9 2 , Of 1 kg or less : (aa ) With a sugar content exceeding 15% by weight 10 9 (e) Other fruits : 1 With a sugar content exceeding 9% by weight 10 9 (f) Fruit mixtures : 1 With a sugar content exceeding 9% by weight 10 9

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CCT heading No Description of Goods ( 1 ) (2)

II Not containing added spirit : ( a) Containing added sugar, in immediate packings of a net capacity of more than 1 kg : 2 Grapefruit 10 9 3 Mandarins 10 9 4 Grapes 9 13 5 Pineapples : (aa ) With a sugar content exceeding 17% by weight 6 13 6 Peaches , pears and apricots : (aa) With a sugar content exceeding 13% by weight 10 9 7 Other fruits 10 9 8 Fruit mixtures 10 9 (b) Containing added sugar, in immediate packings of a net capacity of 1 kg or less : -2 Grapefruit 10 9 3 Mandarins 10 9 4 Grapes 9 13 5 Pineapples : (aa) With a sugar content exceeding 19% by weight 6 13 . 6 Peaches , pears and apricots : ( aa) With a sugar content exceeding 15% by weight 10 9 7 Other fruits 10 9 8 Fruit mixtures 10 9

20.07 A and B Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermen­ ted and not containing spirit : — With an added sugar dontent exceeding 30% by weight : 49 — lemon juice and tomato juice 3 — apple juice 11 — grape juice 15 — other fruit and vegetable juices including mix­ tures of juices 13

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ANNEX II

Products containing added sucrose, glucose or glucose syrup, falling within the following headings Nos of the Common Customs Tariff

ex 13.03 B Pectin 20.01 20.02 20.03 20.04 20.05 20.06 20.07

ANNEX III

METHOD OF MEASURING DRY SOLUBLE RESIDUE IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES BY REFRACTOMETRY

I. FIELD OF APPLICATION Application of this method is related to the quantity of sugar present in the product analysed . The presence of amino-acids, salts of organic acids , flavonoids and mineral substances alters the refractive index.

II . DEFINITION Dry soluble residue (determined by refractometry ) means the percentage weight of sucrose in an aqueous solution of sucrose which , under given conditions of preparation and a given temperature, has the same refractive index as the product analysed . This percentage is ex­ pressed in g/ 100 g.

III. PRINCIPLE Deduction of the dry soluble residue content of a product from its refractive index.

IV. APPARATUS Abbe type refract meter This apparatus must have a scale indicating the percentage weight of surcose to the nearest 0*1% . It must be so constructed that samples can be introduced easily and quickly . It must be easy to clean. The refractometer must have a thermometer with a scale extending from at least + 15° C to ± 25° C. It must also have a water circulator enabling measurements to be made at a tem­ perature of 20° C ± 5° C. Operating instructions for this apparatus, and in particular those dealing with calibration and light source, must be strictly followed .

V. METHOD 1 . Preparation of sample 1.1 . Liquid and limpid products Mix carefully and proceed to determination 1 .2. Semi-dense products, purées, fruit juices with matter in suspension Carefully mix an average laboratory sample and then homogenise. Strain part of the sample through dry gauze folded in four, remove the first drops and proceed to determination on the filtrate . 1.3 . Dense products (jams and jellies) If the homogenised product cannot be used directly, weigh 40 g of the product to the nearest 0-01 g in a 250 ml beaker and add 100 ml of distilled water . Boil gently for two or three minutes , stirring with a glass rod . Cool, decant contents of the beaker into a graduated 200 ml flask , bring up to the required level with distilled water and mix carefully. Allow to stand for twenty minutes, then strain through a folded filter or a Biichner funnel . Make determination on the filtrate .

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1.4. Frozen products Defrost and remove stones or pips and cores. Mix the product with the liquid formed during defrosting and proceed as in 1.2 or 1.3 . 1.5 . Dry products containing ' whole fruit or pieces of fruit Cut part of the laboratory sample into small pieces , remove stones or pips and cores and mix carefully. Weigh 10 to 20 g of the product to the nearest 0-01 g in a beaker. Add distilled water to at least five times the weight of the product. Heat in a water bath for thirty minutes, stirring occasionally with a glass rod. When cool homogenise contents of the beaker and pour into a graduated 100—250 ml measuring flask (depending on the size of the sample). Bring to the required level and mix carefully. After twenty minutes filter into a dry cbntainer and make determination on the filtrate.

2 . Determination Bring the sample to the measurement temperature (+ 20° C) by immersing the container in a water bath of the required temperature. Place a small sample on the lower prism of the refractometer, taking care to ensure that the sample covers the glass surface uniformly when the prisms are pressed against each other. Measure in accordance"with the operating instructions for the apparatus used. Read the percentage weight of sucrose to the nearest 0-1% . Make at least two determinations on the same prepared sample.

VI . EXPRESSION OF RESULTS 1 . Calculation and formulation The dry soluble residue content, conventionally expressed in grammes of sucrose per one hundred grammes of product, is calculated as follows : The percentage sucrose content indicated by refractometry is used direct. If the reading is made at a temperature other than + 20° C , correct as indicated in the attached table. If measurement has been made on a dilute solution , the dry soluble residue content, is equal to 100 M X E M being the weight (in grammes ) of dry soluble residue per 100 g of product indicated by the refractometer and E the weight (in grammes) of product per 100 ml of solution .

Corrections when determination is made at a temperature other than 20° C

Sucrose in grammes per 100 grammes of product Temperature °C 5 10 15 20 30 40 50 60 70 75 Subtract 15 0-25 0-27 0-31 0-31 0-34 0-35 0-36 0-37 0-36 0-36 1 6 0-21 0-23 0-27 0-27 0-29 0-31 0-31 0-32 0-31 0-23 17 0-16 0-18 0-20 0-20 0-22 0-23 0-23 0-23 0-20 0-17 18 0-11 0-12 0-14 0-15 0-16 0-16 0-Í5 0-12 0-12 0-09 19 0-06 0-07 0-08 0-08 0-08 0-09 0-09 0-08 0-07 0-05 Add 21 0-06 0-07 0-07 0-07 0-07 0-07 0-07 0-07 0-07 0-07 22 0-12 0-14 0-14 0-14 0-14 0-14 0-14 0-14 0-14 0-14 23 018 „ 0-20 0-20 0-21 0-21 0-21 0-21 0-22 0-22 0-22 24 0-24 0-26 0-26 0-27 0-28 0-28 0-28 0-28 0-29 0-29 25 0-30 0-32 0-32 0-34 0-36 0-36 0-36 0-36 0-36 0-37

The temperature may not vary by more than ± 5° C from 20° C