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( 1 ) OJ NO L 73 , 21 . 3 . 1977 , P . 1 .

( 2 ) OJ NO L 144 , 31 . 5 . 1978 , P . 1 .

( 3 ) OJ NO L 214 , 12 . 8 . 1975 , P . 20 .

( 4 ) OJ NO L 54 , 25 . 2 . 1978 , P . 11 .

COMMISSION REGULATION ( EEC ) NO 450/79

OF 7 MARCH 1979

AMENDING REGULATION ( EEC ) NO 2104/75 AS REGARDS THE SPECIFIC DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT LICENCES IN RESPECT OF PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1152/78 ( 2 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 10 ( 3 ) THEREOF ,

WHEREAS ARTICLE 10 OF REGULATION ( EEC ) NO 516/77 ESTABLISHED A SYSTEM OF IMPORT LICENCES IN RESPECT OF SENSITIVE PRODUCTS ; WHEREAS , IN ORDER TO ENSURE BETTER KNOWLEDGE OF THE TRADE PATTERN IN CERTAIN OF THESE PRODUCTS , INDICATION OF THE COUNTRY OF ORIGIN SHOULD BE REQUIRED AND THE IMPORTER SHOULD BE OBLIGED TO IMPORT FROM THE COUNTRY THUS INDICATED ; WHEREAS , IN VIEW OF THE CHARACTERISTICS OF TRADE IN THE PRODUCTS CONCERNED , PROVISION SHOULD BE MADE FOR SOME RELAXATION OF THE RULES CONCERNING THE OBLIGATORY INDICATION OF THE COUNTRY OF ORIGIN ;

WHEREAS FOR CERTAIN PRODUCTS THE AMOUNTS OF THE SECURITIES IN RESPECT OF IMPORT LICENCES FIXED BY COMMISSION REGULATION ( EEC ) NO 2104/75 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 386/78 ( 4 ), ARE NO LONGER APPROPRIATE TO THE MARKET SITUATION ; WHEREAS THEY SHOULD ACCORDINGLY BE AMENDED ;

WHEREAS IN THE LICENCE APPLICATION THE APPLICANT MUST INDICATE THE COMPLETE SUBHEADING OF THE COMMON CUSTOM TARIFF ; WHEREAS IN THE CASE OF CERTAIN PRODUCTS FALLING WITHIN HEADING NO 20.06 CONTAINING ADDED SUGAR AND REQUIRING PRESENTATION OF AN IMPORT LICENCE IT IS NOT ALWAYS POSSIBLE , OWING TO CONSIDERABLE VARIATIONS IN NATURAL SUGAR CONTENT , TO KNOW THE EXACT SUGAR CONTENT AT THE TIME OF APPLICATION FOR THE LICENCE ; WHEREAS SPECIAL PROVISION SHOULD BE MADE FOR THESE PRODUCTS ;

WHEREAS THE SYSTEM OF MINIMUM IMPORT PRICE FOR TOMATO CONCENTRATES WAS ABOLISHED WITH EFFECT FROM 1 JULY 1978 ; WHEREAS THE PROVISIONS FOR THE APPLICATION OF THIS SYSTEM INCLUDED IN REGULATION ( EEC ) NO 2104/75 SHOULD BE REPEALED ;

WHEREAS ARTICLE 9A OF THAT REGULATION PROVIDES THAT NO LICENCE IS REQUIRED FOR IMPORTS OF TOMATO CONCENTRATE IN QUANTITIES NOT EXCEEDING 20 KILOGRAMS ; WHEREAS THE LICENCE SYSTEM IN FORCE FROM 1 JULY 1978 NO LONGER REQUIRES THIS PROVISION FOR TOMATO CONCENTRATES ; WHEREAS THE SAID ARTICLE 9A SHOULD ACCORDINGLY BE REPEALED ;

WHEREAS THE ABOLITION OF THE MINIMUM IMPORT PRICE SYSTEM REFERRED TO ABOVE RENDERS SUPERFLUOUS THE INDICATION ON LICENCES OF THE WEIGHT OF THE PRODUCT INCLUDING IMMEDIATE WRAPPING ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 2104/75 IS AMENDED AS FOLLOWS :

1 . AN ARTICLE 3A IS INSERTED :

' ARTICLE 3A

1 . FOR THE PRODUCTS SET OUT IN THE FOLLOWING TABLE , THE LICENCE APPLICATION AND THE IMPORT LICENCE ITSELF SHALL CONTAIN IN SECTION 14 AN INDICATION OF THE COUNTRY OF ORIGIN .

THE ISSUE OF THE LICENCE SHALL MAKE IT OBLIGATORY TO IMPORT FROM THE COUNTRY SO INDICATED .

// // //

CCT HEADING NO // DESCRIPTION

//

20.02 A // MUSHROOMS //

EX 20.06 B // PEARS //

EX 20.02 G // PEAS //

EX 20.02 G // FRENCH BEANS //

EX 08.10 A //

EX 08.11 E //

EX 20.03 // RASPBERRIES //

EX 20.05 //

EX 20.06 B II //

2 . HOWEVER , THE HOLDER OF THE LICENCE REFERRED TO IN PARAGRAPH 1 MAY APPLY , ONCE ONLY , TO HAVE THE NAME OF THE COUNTRY OF ORIGIN ALTERED .

( A ) THE APPLICATION FOR ALTERATION OF THE COUNTRY OF ORIGIN :

- MUST BE SUBMITTED TO THE BODY WHICH ISSUED THE ORIGINAL LICENCE ,

- MUST BE ACCOMPANIED BY THE ORIGINAL LICENCE AND BY ANY EXTRACT OR EXTRACTS ISSUED ,

- SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 5 ( 1 ) AND ( 3 ), 6 AND 7 OF REGULATION ( EEC ) NO 193/75 .

( B ) THE BODY WHICH ISSUED THE LICENCE SHALL RETAIN THE ORIGINAL LICENCE AND ANY EXTRACT OR EXTRACTS AND SHALL ISSUE A REPLACEMENT LICENCE AND , WHERE APPROPRIATE , ONE OR MORE REPLACEMENT EXTRACTS .

HOWEVER , IF DURING THE TIME TAKEN TO ISSUE THE REPLACEMENT LICENCE THE ISSUE OF LICENCES FOR THE NEW COUNTRY OF ORIGIN IS SUSPENDED , THE REPLACEMENT LICENCE APPLICATION CONCERNED SHALL BE REJECTED AND THE ORIGINAL LICENCE AND , WHERE APPROPRIATE , THE EXTRACT OR EXTRACTS SHALL BE RETURNED TO THE HOLDER .

( C ) THE REPLACEMENT LICENCE AND , WHERE APPROPRIATE , THE REPLACEMENT EXTRACT OR EXTRACTS SHALL :

- BE ISSUED FOR A QUANTITY OF PRODUCTS WHICH , WHEN THE TOLERANCE IS ADDED , CORRESPONDS TO THE AVAILABLE QUANTITY SHOWN ON THE DOCUMENT WHICH IT REPLACES ,

- BE ISSUED PURSUANT TO THE PROVISIONS OF ARTICLE 3 ,

- CONTAIN IN SECTION 12 THE NUMBER OF THE DOCUMENT WHICH IT REPLACES ,

- CONTAIN IN SECTION 14 THE NAME OF THE NEW COUNTRY OF ORIGIN ,

- CONTAIN IN THE OTHER SECTIONS THE SAME ENTRIES AS THE DOCUMENT WHICH IT REPLACES , AND IN PARTICULAR THE SAME DATE OF EXPIRY . '

2 . IN ARTICLE 5 , THE TABLE IS REPLACED BY THAT SET OUT IN THE ANNEX TO THIS REGULATION .

3 . AN ARTICLE 9B AS FOLLOWS IS INSERTED :

' ARTICLE 9B

1 . IN THE CASE OF PEACHES IN SYRUP AND PEARS FALLING WITHIN TARIFF SUBHEADINGS 20.06 B I AND 20.06 B II THE APPLICANT MAY INDICATE TWO TARIFF SUBHEADINGS IN HIS APPLICATION FOR AN IMPORT LICENCE AS FOLLOWS :

EX 20.06 B I D ) 1 AA ) AND EX 20.06 B I D ) 1 BB ), OR

EX 20.06 B I D ) 2 AA ) AND EX 20.06 B I D ) 2 BB ), OR

20.06 B II A ) 6 AA ) AND 20.06 B II A ) 6 BB ), OR

EX 20.06 B II A ) 7 AA ) AND EX 20.06 B II A ) 7 BB ), OR

20.06 B II B ) 6 AA ) AND 20.06 B II B ) 6 BB ), OR

EX 20.06 B II B ) 7 AA ) AND EX 20.06 B II B ) 7 BB ).

THE TWO SUBHEADINGS INDICATED IN THE APPLICATION SHALL BE ENTERED ON THE IMPORT LICENCE .

2 . WHERE AN APPLICANT AVAILS HIMSELF OF THE PROVISIONS OF PARAGRAPH 1 AND THE AMOUNTS OF THE SECURITIES ARE DIFFERENT IN RESPECT OF THE TWO TARIFF SUBHEADINGS CONCERNED , THE AMOUNT OF SECURITY TO BE TAKEN INTO CONSIDERATION SHALL BE THE HIGHER OF THE TWO .

3 . WHERE , AS A RESULT OF THE APPLICATION OF PARAGRAPH 1 , A PRODUCT NOT SUBJECT TO AN IMPORT LEVY IS IMPORTED UNDER COVER OF A CERTIFICATE INCLUDING ADVANCE FIXING OF THE LEVY , THE OBLIGATION TO IMPORT WITH ADVANCE FIXING OF THE LEVY SHALL BE CONSIDERED TO HAVE BEEN MET . '

4 . ARTICLES 7 , 8 , 9 AND 9A ARE HEREBY REPEALED .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 20 MARCH 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 7 MARCH 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

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ANNEX

AMOUNT OF THE SECURITY FOR IMPORT LICENCES WITHOUT ADVANCE FIXING OF THE LEVY

// //

CCT HEADING NO // DESCRIPTION // AMOUNT IN U.A./100 KG NET //

//

EX 20.02 C // TOMATO CONCENTRATES // 1.5 //

EX 20.02 C // PEELED TOMATOES // 0.5 //

EX 20.06 B // PEACHES IN SYRUP // 0.5 //

EX 20.07 B // TOMATO JUICE // 0.5 //

20.02 A // MUSHROOMS // 2.0 //

EX 20.06 B // PEARS // 0.5 //

08.12 C // PRUNES // 1.0 //

EX 20.02 G // PEAS // 0.5 //

EX 20.02 G // FRENCH BEANS // 0.5 //

EX 08.10 A //

EX 08.11 E //

EX 20.03 // RASPBERRIES // 0.5 //

EX 20.05 //

EX 20.06 B II //