31970R2275

756 Official Journal of the European Communities

No L 246/ 4 Official Journal of the European Communities 12.11.70

REGULATION (EEC) No 2275 /70 OF THE COUNCIL

of 10 November 1970 amending Regulation (EEC) No 865/68 on the common organisation of the market in products processed from fruit and vegetables, as regards the calculation of the levy on various added sugars

THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Article 1 Having regard to the Treaty establishing the European Economic Community, and in particular The following shall be substituted for Article 2 of the Article 43 thereof; Regulation (EEC) No 865/68 :

Having regard to the proposal from the Commission ; ' 1 . In addition to the customs duty referred to in Article 9 ( 1 ), an import levy calculated as Having regard to the Opinion of the European described in the paragraphs which follow shall be Parliament1 ; charged on the various added sugars contained in the products listed in Annex I.

Whereas Article 2 of the Council Regulation (EEC) 2. For 100 kilogrammes net of imported No 865/682 of 28 June 1968 on the common product, this levy shall be equal to the difference organisation of the market in products processed from between : fruit and vegetables, as last amended by Regulation (EEC) No 1906/69,3 provides for an import levy to ( a) the average of the threshold prices for one be charged on the various added sugars contained in kilogramme of white sugar for each month of the products listed in Annex I in addition to the the quarter for which the difference is being customs duty . referred to in Article 9 ; whereas the determined ; and amount of this levy, expressed per kilogramme of sucrose, is equal to the levy referred to in Article 14 (b ) the average of the c.i.f. prices for one (5 ) of the Council Regulation No 1009/67/EEC4 of kilogramme of white sugar used in fixing the 18 December 1967 on the common organisation of levies on white sugar; the average c.i.f. prices the market in sugar ; shall be calculated for a period covering the first fifteen days of the month preceding the Whereas this method of calculation calls for frequent quarter for which the difference is being alterations to the levy in question ; whereas , in view determined and the two months immediately preceding that month ; of the nature of the products concerned, it is advisable to amend the said Article 2 so that this levy need only be fixed once a quarter; this difference being multiplied by the figure for the product in question appearing in column 1 of Annex I. Whereas special provisions are necessary for occasions when one of the elements for calculating No levy shall be charged if the amount at (a) js the levy is not known ; higher than the amount at (b).

3 . The difference provided for in paragraph 2 1 OJ No C 160, 18.12.1969, p. 69. shall be determined by the Commission for each quarter of the calendar year. It shall be 2 OJ No L 153 , 1.7.1968, p. 8 . 3 OJ No L 247, 1.10.1969, p . 2 . determined for the first time for the first quarter of 1971 . 4 OJ No 308 , 18.12.1967, p. 1 .

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4. Should the threshold price referred to in expressed by the figure appearing in column 1 of paragraph 2 (a) change during a quarter, the Annex I, the levy shall be calculated in Council, acting in accordance with the voting accordance with the provisions of paragraph 6. procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall 8 . "Added sugar content" shall mean the decide whether there is any need to make an reading obtained by using a refractometer as adjustment and, if necessary, determine the described in Annex III, multiplied by 0-93 in the measures to be taken to this end . case of products falling within heading No 20-06 of the Common Customs Tariff and by 0-95 in 5 . Should one of the elements to be taken into the case of other products listed in Annex I and account in calculating the difference referred to in reduced by the figure for the product in question paragraph 2 not be known by the fifteenth day of appearing in column 2 of Annex I. ( the month preceding the quarter for which the difference is to be determined, the Commission 9 . Detailed rules for the application of shall proceed to calculate the difference, paragraphs 1 to 8 shall be adopted as necessary in substituting for the missing element of the accordance with the procedure laid down in calculation the element which was taken into Article 15 . account in calculating the difference for the current quarter. 10. The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of The difference shall be corrected by the the Treaty on a proposal from the Commission , Commission and made to apply not later than the may amend Annex 1 .' sixteenth day following the date on which the missing information comes to hand.

Article 2 s The correction shall not be made however if the information only becomes available after the beginning of the last month of the quarter in The following shall be substituted for Article 4 (2) of question. Regulation (EEC) No 865 /68 :

6. If the added sugar content per 100 '2. Where the provisions of Article 2 (6) or (7) kilogramme net weight of imported product apply, the products listed in Annex I must • be established in accordance with paragraph 8 is two accompanied by a declaration from the importer kilogrammes or more below the content indicating the added sugar content established by expressed by the figure for the product in the method described in Article 2 ( 8 ). question appearing in column 1 of Annex I, the levy shall, at the importer's request, be calculated If this requirement is not met, Article 2 (6 ) shall per 100 kilogrammes net of imported product by not apply.' multiplying the difference referred to in paragraph 2 by a figure representing the added sugar content defined in paragraph 8 . Article 3 7. If the added sugar content per 100 kilogrammes net weight of imported product This Regulation shall enter into force on the third established in accordance with paragraph 8 is day following its publication in the Official Journal three kilogrammes or more above the content of the European Communities.

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

Done at Brussels, 10 November 1970 . For the Council

The President

H. D. GRIESAU