THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organization of the market in certain products listed in Annex II to the Treaty ( 1 ), as last amended by Regulation (EEC) No 1117/78 ( 2 ), and in particular Article 6 thereof,

Having regard to the proposal from the Commission ( 3 ),

Having regard to the opinion of the European Parliament ( 4 ),

Whereas products subject to different import charges should have a separate description in the Common Customs Tariff nomenclature in order to ensure correct application of the import charges; whereas to this end most agricultural basic Regulations provide specific rules for import charges other than customs duties;

Whereas, in the absence of such provisions, Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organization of the market in seeds ( 5 ), as last amended by Regulation (EEC) No 1346/78 ( 6 ) and Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ( 7 ), as last amended by Regulation (EEC) No 1766/78 ( 8 ), should be supplemented accordingly;

Whereas the Common Customs Tariff nomenclature is based on the nomenclature of the Customs Cooperation Council; whereas the Common Customs Tariff nomenclature must be adjusted not only in line with the amendments in the Customs Cooperation Council nomenclature, but also to ensure conformity in the text of the various languages; whereas, even though such adjustments are of a technical nature and do not affect customs duties, in certain cases they have to be introduced by Regulations based on Article 43 of the Treaty;

Whereas in many Council Regulations the Common Customs Tariff nomenclature is used as a means of distinguishing between different categories of goods and of describing products;

Whereas amendments to the Common Customs Tariff nomenclature may necessitate adjustments to these Regulations;

Whereas the existing procedures do not always allow the Regulations involved to be adjusted sufficiently rapidly; whereas, in view of the technical nature of these adjustments, it seems desirable to provide that the adjustments may be made, after consultation of the Committee on Common Customs Tariff Nomenclature, according to the procedure laid down in Article 38 of Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ( 9 ), as last amended by Regulation (EEC) No 1562/78 ( 10 ), or the corresponding provisions of the other Regulations on the common organization of markets in agricultural products,

HAS ADOPTED THIS REGULATION: