No L 370/20 Official Journal of the European Communities 30.12.87 COUNCIL REGULATION (EEC) No 3909/87 of 22 December 1987 amending Regulation (EEC) No 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) No 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) No 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)No 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) No 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) No 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) No 426/86, provided that such adjustments are required solely as a result of the introduction of the harmonized system, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 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: CN code Description of goods (a) ex 0710 ex 0711 (1) Opinion delivered on 18 December 1987 (not yet published in the Official Journal). (2) Opinion delivered on 16 December 1987 (not yet published in the Official Journal). (> O] No L 256,7.9.1987, p. 1. (*) O] NoL 49, 27. 2. 1986, p. 1. (5) O] No L 183, 2. 7. 1987, p. 32. Vegetables (uncooked or cooked by steaming or boiling in water), frozen, excluding sweet corn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or the genus Pimenta of subheading 0710 80 59 Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweet corn of subheading 0711 90 30