CELEX: 31977R1693
Language: en
Date: 1977-07-25 00:00:00
Title: Council Regulation (EEC) No 1693/77 of 25 July 1977 extending the term of validity of the arrangements applicable to trade with Malta beyond the date of expiry of the first stage of the Association Agreement

No L 188 / 12                          Official Journal of the European Communities                                      28 . 7. 77
                                      COUNCIL REGULATION (EEC) No 1693/77
                                                       of 25 July 1977
               extending the term of validity of the arrangements applicable to trade with
                 Malta beyond the date of expiry of the first stage of the Association Agreement
THE COUNCIL OF THE EUROPEAN                                                                   Article 2
COMMUNITIES,
Having regard to the Treaty establishing the European            For the products covered by Article 59 ( l)(b) of the
Economic Community, and in particular Articles 43                Act of Accession (6), Article 4 of the Protocol laying
and 1 1 3 thereof,                                               down certain provisions relating to the Agreement
                                                                 establishing an association between the European
Having regard to the proposal from the Commission,               Economic Community and Malta shall remain appli­
                                                                 cable until 31 December 1977.
Having regard to the opinion of the European Parlia­
ment ( 1 ),
                                                                                              Article 3
Whereas the provisions governing the first stage of the
Agreement establishing an association between the
European Economic Community and Malta (2),                        1.      Until the date of entry into force of the Addi­
including the Protocol laying down certain provisions            tional Protocol or until 31 December 1977, whichever
relating to the Agreement establishing an association            is the sooner, the Common Customs Tariff duties in
between the European Economic Community and                      respect of the products originating in Malta indicated
Malta (3), which were extended by the Agreement of               below shall be totally suspended within the limits of a
26 February 1976 (4), expire on 30 June 1977 ;                   global Community tariff quota of 375 tonnes :
Whereas an Additional Protocol to the Association
                                                                         CCT
Agreement has been negotiated ;                                         heading                     Description of goods
                                                                          No
Whereas, pending the entry into force of that
Protocol, the arrangements which the Community                    16.02             Other prepared or preserved meat or meat
applies to trade with Malta under the association with                              offal :
that country should be extended, in the light of the                                B. Other :
outcome of the negotiation of the aforesaid Protocol,
                                                                                        III . Other :
so as to avoid the sudden disruption of certain tradi­
tional trade patterns,                                                                        b) Other :
                                                                                                 1 . Containing bovine meat or
                                                                                                     offal :
HAS ADOPTED THIS REGULATION :
                                                                                                     bb) Other
                           Article 1
                                                                 2. By way of derogation from the special provisions
The trade arrangements provided for in the Agree­                contained in Annex II to the 'origin' Protocol for
ment establishing an association between the Euro­                heading No 16.02, which provides that the non-origi­
pean Economic Community and Malta, including the                  nating products of Chapter 2 may not be used, tinned
Protocol laying down certain provisions to that Agree­           stewed steak manufactured in Malta shall be regarded
ment, except for Articles 4, 9 ( 1 ) and 11 of the said          as a product originating in Malta, where this condition
Protocol and in Decision No 1 /76 of the EEC-Malta                is not observed, provided that the other conditions
Association Council of 29 June 1976 derogating from              applicable to this heading are observed.
the concept of 'originating products' for reception
apparatus falling within heading No 85.15 of the Brus­
sels tariff nomenclature (5), shall remain applicable in         The following entry must be made in Section 7 of
the Community beyond 30 June 1977.                                movement certificates EUR.l , issued in respect of orig­
                                                                  inating products pursuant to the derogation referred to
(') Opinion delivered on 8 July 1977 (not yet published in        in this paragraph :
    the Official Journal).
(2) OJ No L 61 , 14. 3 . 1971 , p. 2.
(3) OJ No L 111 , 28 . 4. 1976, p. 3.                                  'Derogation stewed steak.'
(<) OJ No L 81 , 27. 3 . 1976, p. 2.
(5) OJ No L 185, 9. 7. 1976, p. 5.                               (<•) OJ No L 73, 27. 3. 1972, p. 14.
 ---pagebreak---  28 . 7 . 77                          Official Journal of the European Communities                          No L 188 / 13
                          Article 4                                                     Article 7
 1.     A first instalment of 350 tonnes of the Commu­           The Member States shall return to the reserve, not
 nity tariff quota referred to in Article 3 shall be allo­       later than 1 November 1977, the unused portion of
 cated among the Member States ; the respective shares           their initial share which, on 15 October 1977, is in
 which, subject to Article 7, shall be valid until the end       excess of 20 % of the initial amount. They may return
 of the period specified in Article 3 ( 1 ) shall be as          a larger quantity if there are reasons to believe that
 follows :                                                       this quantity may not be used.
                                                      tonnes     Member States shall, not later than 1 November 1977,
       Benelux                                          2
                                                                 notify the Commission of the total quantities of the
       Denmark                                          2
                                                                 said goods imported up to and including 15 October
       France                                           2
                                                                 1977 and charged against the Community tariff quota
                                                                 and any quantities of the initial shares returned to the
      Germany                                           2
                                                                 reserve .
       Ireland                                          2
       Italy                                            2
       United Kingdom                                338                                Article 8
 2.    The second instalment of 25 tonnes shall be              The Commission shall keep an account of the shares
 held as the Community reserve.                                  opened by the Member States pursuant to Articles 4
                                                                and 5 and shall, as soon as it has been notified, inform
                                                                each State of the extent to which the reserve has been
                         Article 5                              used up.
 1.    If 90 % or more of a Member State's initial share         It shall inform the Member States, not later than 5
as specified in Article 4 ( 1 ), or of that share minus the      November 1977, of the amount still in reserve after
portion returned to the reserve where Article 7 is              amounts have been returned thereto pursuant to
applied, has been used up, that Member State shall              Article 7.
without delay, by notifying the Commission, draw a
second share equal to 1 5 % of its initial share,                It shall ensure that the drawing which uses up the
                                                                reserve is limited to the balance available and to this
rounded up where necessary to the next unit, to the
extent permitted by the amount of the reserve.                  end shall specify the amount thereof to the Member
                                                                State making the last drawing.
2. If, after its initial share has been used up, 90 %
or more of the second share drawn by a Member State                                     Article 9
has been used up, that Member State shall, in accor­
dance with the conditions imposed by paragraph 1 ,               1 . Member States shall take all measures necessary
draw a third share equal to 7-5 % of its initial share,         to ensure that supplementary shares drawn pursuant
rounded up where necessary to the next unit.                    to Article 5 are opened in such a way that imports
                                                                may be charged without interrruption against their
3. If, after its second share has been used up, 90 %            accumulated shares in the Community tariff quota.
or more of the third share drawn by a Member State
has been used up, that Member State shall, in accor­            2. The Member States shall ensure that importers
dance with the same conditions, draw a fourth share             of the said goods established in their territory have
equal to the third.                                             free access to the shares allocated to them .
This process shall continue to apply until the reserve          3.     The extent to which a Member State has used up
is used up.                                                     its share shall be determined on the basis of the
                                                                imports from Malta entered for home use .
4. By way of derogation from paragraphs 1 to 3, a
Member State may draw shares smaller than those                                        Article 10
fixed in those paragraphs if there are grounds for
believing that those fixed may not be used up. It shall         At the request of the Commission, Member States
inform the Commission of its reasons for applying               shall inform it of imports actually charged against
this paragraph .                                                their shares .
                         Article 6                                                     Article 11
Supplementary shares drawn pursuant to Article 5                The Member States and the Commission shall coop­
shall be valid until the end of the period specified in         erate closely in order to ensure that Articles 3 to 10
Article 3 ( 1 ).                                                are observed .
 ---pagebreak---  No L 188 / 14                       Official Journal of the European Communities                            28 . 7. 77
                         Article 12                            originating in Malta, where this condition is not
                                                               observed, provided that the other conditions appli­
 1 . The following products originating in Malta shall         cable to this heading are observed.
be exempted from the fixed component of the tax
imposed on these products on importation into the              The following entry must be made in Section 7 of
Community :                                                    movement certificates EUR.1 , issued in respect of orig­
                                                               inating products pursuant to the derogation referred to
      CCT                                                      in this paragraph :
     heading                       Description
       No                                                          'Derogation IFT.'
                                                               2. By way of derogation from the special provisions
18.06             Chocolate and other food preparations        contained in Annex II to the 'origin' Protocol for
                  containing cocoa                             heading No 92.11 , which provides that non-origi­
                                                               nating transistors may not represent more than 3 %
2.     By way of derogation from the special provisions        of the value of the finished product, tape recorders
contained in Annex II to the 'origin' Protocol for             manufactured in Malta shall be regarded as products
heading No 18.06, which provides that non-origi­               originating in Malta if the value of the non-origi­
nating products of Chapter 17 may not represent                nating transistor does not exceed 5 % of the value of
more than 30 % of the value of the finished products,          the finished product, provided that the other condi­
chocolates manufactured in Malta shall be regarded as          tions applicable to this heading are observed.
products originating in Malta, where this condition is         The following entry must be made in Section 7 of
not observed, provided that the other conditions appli­        movement certificates EUR.1 , issued in respect of orig­
cable to this heading are observed.                            inating products pursuant to the derogation referred to
The following entry must be made in Section 7 of               in this paragraph :
movement certificates EUR.1 , issued in respect of orig­           'Derogation tape recorders.'
inating products pursuant to the derogation referred to
in this paragraph :                                                                  Article 14
    'Derogation chocolates.'
                                                               This Regulation shall enter into force on the day
                        Article 13
                                                               following its publication in the Official Journal of
                                                               the European Communities.
1.    By way of derogation from the special provisions         It shall apply from 1 July 1977.
contained in Annex II to the 'origin' Protocol for
heading No 85.15, which provides that at least 50 %            The provisions of this Regulation shall remain appli­
in value of the materials and parts used must be origi­        cable until the entry into force of the Additional
nating products, intermediate-frequency transformers           Protocol or until 31 December 1977, whichever is the
manufactured in Malta shall be regarded as products            sooner .
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 July 1977.
                                                                          For the Council
                                                                            The President
                                                                            H. SIMONET