CELEX: 31976R3046
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3046/76 of 9 December 1976 totally or partially suspending Common Customs Tariff duties on certain products falling within Chapters 1 to 24 of the Common Customs Tariff, originating in Malta (1977)

No L 350/66                               Official Journal of the European Communities                             20. 12. 76
                                          COUNCIL REGULATION (EEC) No 3046/76
                                                       of 9 December 1976
               totally or partially suspending Common Customs Tariff duties on certain products
               falling within Chapters 1 to 24 of the Common Customs Tariff, originating in Malta
                                                                1977
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             however, involve the application in the new Member
                                                                     States of customs duties higher than — or very
                                                                     close to — those applied by the new Member States
Having regard to the Treaty establishing the                         to non-member countries in general on the basis
European Economic Community, and in particular                       of the Act of Accession ; whereas, in order to maintain
Articles 43 and 113 thereof,                                         an equivalent preferential margin for these products
                                                                     also, reduced customs duties should be applied to
                                                                     them in accordance with the detailed rules based on
Having regard to Council Regulation (EEC) No                         the principle of maintaining in the new Member
1059/69 of 28 May 1969 laying down the trade                         States a preference proportional to that which exists
arrangements applicable to certain goods resulting                   between the (duties of the Common Customs Tariff
from the processing oif agricultural products (I ), as               and the duties given in Annex A to this Regulation ;
last amended by Regulation (EEC) No 3058/75 (2),                     whereas, with a view to granting Malta the best
and in particular Article 12 thereof,                                possible treatment, in accordance with the objectives
                                                                     of the preference scheme, the duties,given in Annex A
                                                                     should also be applied wherever the duties calculated
Having regard to the proposal from the Commission,                   according to the abovementioned detailed rules prove
                                                                     to !be higher than diem,
Having regard to the opinion of the European
Parliament (3),
Whereas, under Annex I to tihe Agreement                             HAS ADOPTED THIS REGULATION:
estiaiblisbing an association between the European
Economic Community and Malta (4), the Community
must partially suspend the Common Customs Tariff
duties applicable to certain products ; whereas it also
appears necessary provisionally to adjust or to                                             Article 1
supplement certain of the tariff benefits provided
for in the abovementioned Annex; whereas,
accordingly, the Community should, in respect of                      1 . From 1 January until 31 December 1977, the
the products originating in Malta listed in Annex A                  products originating in Malta listed in Annex A shall
to this Regulation, suspend either the fixed                         be admitted for import into the Community as
component of the levy 'applicable to goods coming                    originally constituted at the customs duties indicated
under Regulation (EEC) No 1059/69 or the customs                     for each of them.
duty applicable to the other products from 1 January
until 31 December 1977 and at the levels indicated
for each of them;                                                    On importation into Denmark, Ireland and the
                                                                     United Kingdom, there shall be applied to the
                                                                     abovementioned products the customs duties
Whereas, for certain products of Chapters 1 to 24                    determined by multiplying, by a coefficient equal to
of the Common Customs Tariff, flhis scheme would,                    the margin of preferences existing between the duties
                                                                     given in Annex A and the Common Customs Tariff
                                                                     duties applicable, the duties obtained by reducing
 (*) OJ  No  L 141, 12. 6. 1969, p. 1 .                              the difference between the lowest duty applied on
 (l) OJ  No  L 306, 25. 11 . 1975, p. 3 .                             1 January 1972 to the developing countries, and the
 (») OJ  No  C 259, 4. 11 . 1976, p. 37.                             Common Customs Tariff by 80% in respect of the
 (4) OJ  No  L 61 , 14. 3. 1971, p. 3.                               products mentioned in Annex B in 1977, and by
 ---pagebreak--- 20. 12. 76                         Official Journal of the European Communities                           No L 350/67
80% in respect of the other products given in Annex           or potential serious disadvantage in a single region
A from 1 January to 30 June 1977.                             of the Community.
However, from 1 January 1977, the duties given in                                       Article 3
Annex A shall be applied where the duties resulting
from the afbovementioned calculation are higher than          1 . In order to ensure the application of Article 2, the
them.
                                                              Commission may decide, by means of a Regulation,
                                                             to reintroduce the levying of customs duties for a
From 1 July 1977, the duties given in Annex A shall           limited period.
be applied to the products not mentioned in Annex B.
                                                              2. In the event of such action being requested by
                                                              a Member State, the Commission shall take a decision
2. For the purposes of the application of this                within a period of not more than 10 working days
Regulation, the rules of origin shall be those in force       from receipt of the request and shall inform the
at the time as regards the implementation of the              Member States of the action taken.
Agreement estalMishing an association between the
European Economic Community and Malta.                        3. Any Member State may refer to the Council the
                                                              measure taken by the Commission, within a period
                                                              of not more than 10 working days after it has been
                       Article 2
                                                              informed thereof. The fact that the matter is referred
                                                             to the Council shall not cause the measure to be
When products benefiting from the arrangements                suspended. The Council shall meet immediately. It
provided for in Article 1 are imported in the Com­            may, acting on a qualified majority, amend or rescind
munity in such quantities or at such prices that              the measure in question.
Community producers of products similar to or in
direct competition with them suffer or are likely to
suffer from serious disadvantage, the Common                                            Article 4
Customs Tariff duties may be reintroduced in whole
or in part on the products in question. Such                  This    Regulation      shall    enter into  force    on
measures may also be taken in the event of actual             1 January 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 December 1976.
                                                                               For the Council
                                                                                 The President
                                                                               P. J. J. MERTENS
 ---pagebreak--- No L 350/68               Official Journal of the European Communities                         20. 12. 76
                                              ANNEX A
              CCT
            heading                            Description                        Rate of duty
               No
                1                                   2                                   3
            02.01   Meat and edible offals of the animals falling within heading
                    No 01.01 , 01.02, 01.03, or 01.04 fresh, chilled or frozen :
                    A. Meat :
                       III. Of swine :
                             b) Other                                                 Free
             02.04  Other meat and edible meat offals, fresh, chilled or frozen :
                    ex A. Of domestic pigeons                                          7%
                    ex B. Furred game, frozen                                         Free
                       C. Other :
                           ex I. Frogs' legs                                          Free
                               II. Other                                              Free
             04.06  Naturai honey                                                    25%
             05.03  Horsehair and horsehair waste, whether or not put up as a
                    layer or between two layers of other material :
                    B. Other                                                          Free
             07.01  Vegetables, fresh or chilled :
                    ex T. Other :
                           — Okra (Hibiscus exculentus L. or Abelmoschus ex­
                               culentus (L.) Moench)                                  Free
             08.08  Berries, fresh :
                    F. Other                                                           6%
             15.10  Fatty acids, acid oils from refining ; fatty alcohols :
                    C. Other fatty acids ; acid oils from refining                    Free
             16.02  Other prepared or preserved meat or meat offal :
                    A. Liver :
                       I. Goose or duck liver                                         14%
 ---pagebreak--- 20. 12. 76                Official Journal of the European Communities                             No L 350/69
              CCT
            heading                              Description                          Rate of duty
               No
                1                                      2                                   3
             16.02  B.    Other :
           (cont'd)
                         II. Game or rabbit meat or offal :
                             — Game                                                       9%
                             — Rabbit                                                    14%
                       III. Other :
                             b) Other :
                                  ex 1 . Containing bovine meat or offal :
                                         — Prepared or preserved bovine tongue           17%
                                     2. Other :
                                         aa) Ovine meat or offal                         18%
                                         bb) Other                                       16%
            20.02   Vegetables prepared or preserved otherwise than by vinegar or
                    acetic acid :
                       B. Truffles                                                       14%
                       D. Asparagus                                                      20%
                       E. Sauerkraut                                                     16%
                    ex F. Capers                                                         12%
            20.07   Fruit juices (including grape must) and vegetable juices,
                    whether or not containing added sugar, but unfermented and
                    not containing spirit :
                    A. Of a specific gravity exceeding 1*33 at 15°C :
                       III. Other :
                             ex a) Of a value exceeding 30 u.a. per 100 kg net
                                     weight :
                                     — Fruit falling within heading Nos 08.01,
                                         08.08 B, E and F and 08.09, excluding
                                         pineapples, melons and watermelons              15%
                                  b) Of a value not exceeding 30 u.a. per 100 kg net
                                     weight :
                                     ex 1 . With an added sugar content exceeding
                                             30% by weight :
                                            — Fruit falling within heading Nos
                                                08.01 , 08.08 B, E and F and 08.09,
                                                excluding pineapples melons and
                                                watermelons                          15% + (L)
                                     ex 2. Other :
                                            — Fruit falling within heading Nos
                                                08.01 , 08.08 B, E and F and 08.09,
                                                excluding pineapples, melons and
                                                watermelons                              15%
 ---pagebreak--- No L 350/70                Official Journal of the European Communities                             20. 12. 76
               CCT
             heading                             Description                           Rate of duty
               No
                1                                     2                                      3
              20.07  B. Of a specific gravity of 1*33 or less at 15 °C :
            (cont'd)
                        II. Other :
                            a) Of a value exceeding 30 u.a. per 100 kg net weight :
                                    2. Grapefruit juice                                     8%
                               ex 3. Other citrus fruit juices :
                                       aa) Containing added sugar                         13%
                                       bb) Other                                          13%
                                    6. Other fruit and vegetable juices, excluding
                                       apricot and peach juices :
                                       ex aa) Containing added sugar :
                                                — Fruit falling within heading Nos
                                                   08.01 , 08.08 B, E and F and 08.09,
                                                   excluding pineapples, melons and
                                                   watermelons                            10%
                                                — Other, excluding apricot and
                                                   peach juices                           17%
                                       ex bb) Other :
                                                — Fruit falling within heading Nos
                                                   08.01 , 08.08 B, E and F and 08.09,
                                                   excluding pineapples, melons and
                                                   watermelons                            10%
                                                — Other, excluding apricot and
                                                   peach juices                           18%
                                    7. Mixtures :
                                       ex bb) Other, excluding mixtures containing
                                                separately or together, over 25% of
                                                grape, citrus fruit, pineapple, apple,
                                                pear, tomato, apricot or peach juice :
                                                11. Containing added sugar                17%
                                                22. Other                                 18%
                            b) Of a value of 30 u.a. or less per 100 kg net weight :
                                    2. Grapefruit juice :
                                       aa) With an added sugar content exceeding
                                            30% by weight                              8% + (L)
                                       bb) Other                                            8%
                                    4. Other citrus fruit juices :
                                       aa) With an added sugar content exceeding.
                                            30% by weight                               14% (L)
                                       bb) With an added sugar content of 30% or
                                            less by weight                                14%
                                       cc) Not containing added sugar                     15%
 ---pagebreak--- 20. 12. 76              Official Journal of the European Communities                                No L 350/71
              CCT
            heading                             Description                            Rate of duty
               No
                1                                    2                                      3
             20.07              7. Other fruit and vegetable juices, excluding
           (cont'd)                  apricots and peaches :
                                     ex aa) With an added sugar               content
                                              exceeding 30 °/o by weight:
                                             — Fruit falling within heading Nos
                                                  08.01, 08.08 B, E and F and 08.09,
                                                  excluding pineapples, melons and
                                                   watermelons                         10% + (L)
                                             — Other, excluding          apricot and
                                                  peach juices                         17% + (L)
                                     ex bb) With an added sugar content of 30%
                                              or less by weight:
                                              — Fruit falling within heading Nos
                                                   08.01, 08.08 B, E and F and08.09,
                                                   excluding pineapples, melons and
                                                   watermelons                             10%
                                              — Other, excluding apricot and
                                                   and peach juices                        17%
                                     ex cc) Not containing added sugar:
                                              - Fruit falling within leading Nos
                                                   08.01 , 08.08 B, E and F and 08.09,
                                                   excluding pineapples, melons and
                                                   watermelons                             10%
                                              — Other, excluding apricot and
                                                   peach juices                            18%
                                 8 . Mixtures :
                                      ex bb) Other, excluding mixtures containing
                                               either separately or together, over
                                               25 % of grape, citrus fruit, pineapple,
                                               apple, pear, tomato, apricot or peach
                                               juice :
                                               11 . With an added sugar content
                                                     exceeding 30% by weight           17% + (L)
                                               22. With an added sugar content of
                                                     30 % or less by weight                17%
                                               33. Not containing added sugar              18%
              21.06 Natural yeasts (active or inactive) ; prepared baking powders :
                    A. Active natural yeast :
                       II. Bakers' yeast :
                           a) Dried                                                     5% + vc
                           b) Other                                                     5% + vc
 ---pagebreak--- No 1 350/72                          Official Journal of the European Communities                          20. 12. 76
                  CCT
                heading                                  Description                          Rate of duty
                   No
                    1                                        2                                     3
                 23.01       Flours and meal, of meat, offals, fish, crustaceans or molluscs,
                             unfit for human consumption ; greaves :
                             B. Flours and meals of fish , crustaceans or molluscs                Free
            Abbreviations :
            (L) = levy,
            vc = variable component.
 ---pagebreak--- 20. 12. 76                              Official Journal of the European Communities                                  No L 350/73
                                                                 ANNEX B
           List of the products in respect of which the difference between the lowest duties applied on
           1 January 1972 to developing countries by Denmark, Ireland and the United Kingdom and the
           duties of the Common Customs Tariff must be reduced in accordance with Article 1
                    CCT
                  heading                                                      Description
                     No
                  07.01               Vegetables, fresh or chilled :
                                      ex T. Other :
                                              — Okra (Hibiscus exculentus L. or Abelmoschus exculentus (L.)
                                                  Monench)
                  08.08               Berries, fresh :
                                      F. Other
                  16.02 a             Other prepared or preserved meat or meat offal :
                                      B. Other :
                                          III. Other :
                                                b) Other :
                                                    ex 1 . Containing bovine meat or offal :
                                                             — Prepared or preserved bovine tongue
                  20.02               Vegetables prepared or preserved otherwise than by vinegar or acetic acid :
                                          B. Truffles
                                          D. Asparagus
                                          E. Sauerkraut
                                      ex F. Capers
                   20.07              Fruit juicesi (including grape must) and vegetable juices, whether or not
                                      containing added sugar, but unfermented and not containing spirit :
                                      A. Of a specific gravity exceeding 1-33 at 15 °C :
                                          III. Other :
                                                ex a) Of a value exceeding 30 u.a. per 100 kg net weight :
                                                         — Fruit falling within heading Nos 08.01, 08.08 B, E and F
                                                             and 08.09, excluding pineapples, melons and watermelons
                                                    b) Of a value not exceeding 30 u.a. per 100 kg net weight :
                                                         ex 1. With an added sugar content exceeding 30 % by weight :
                                                                 — Fruit falling within heading Nos 08.01, 08.08 B, E
                                                                      and F and 08.09, excluding pineapples, melons and
                                                                      watermelons
                                                         ex 2. Other :
                                                                 — Fruit falling within heading Nos 08.01 , 08.08 B, E
                                                                      and F and 08.09, excluding pineapples, melons and
                                                                      watermelons
            (a) From the start of the marketing year for beef and veal this heading will be deleted from this Annex.
 ---pagebreak--- No L 350/74             Official Journal of the European Communities                                   20. 12. 76
               CCT
              heading                                  Description
                No
              20.07   B. Of a specific gravity of 1-33 or less at 15 °C :
            (cont'd)
                         II. Other :
                             a) Of a value exceeding 30 u.a. per 100 kg net weight :
                                     2. Grapefruit juice
                                ex 3. Other citrus fruit juices :
                                        aa) Containing added sugar
                                        bb) Other
                                     6. Other fruit and vegetable juices, excluding apricot and
                                        peach juices :
                                        ex aa) Containing added sugar :
                                               — Fruit falling within heading Nos 08.01, 08.08 B,
                                                    E and F and 08.09, excluding pineapples, melons
                                                    and watermelons
                                               — Other, excluding apricot and peach juices
                                        ex bb) Other :
                                               — Fruit falling within heading Nos 08.01, 08.08 B,
                                                    E and F and 08.09, excluding pineapples, melons
                                                    and watermelons
                                               — Other, excluding apricot and peach juices
                                     7. Mixtures :
                                        ex bb) Other, excluding mixtures containing separately or
                                                together, over 25 % of grape, citrus fruit, pineapple,
                                                apple, pear, tomato, apricot or peach juice :
                                                11 . Containing added sugar
                                                22. Other
                             b) Of a value of 30 u.a. or less per 100 kg net weight :
                                     2. Grapefruit juice :
                                        aa) With an added sugar content exceeding 30 % by weight
                                        bb) Other
                                     4. Other citrus fruit juices :
                                        aa) With an added sugar content exceeding 30 % by weight
                                        bb) With an added sugar content of 30% or less by weight
                                        cc) Not containing added sugar
                                 ex 7. Other fruit and vegetable juices, excluding apricots and
                                        peaches :
                                        ex aa) With an added sugar content exceeding 30% by
                                                weight:
                                                — Fruit falling within heading Nos 08.01, 08.08 B,
                                                    E and F and 08.09, excluding pineapples,
                                                    melons and watermelons
                                                — Other, excluding apricot and peach juices
 ---pagebreak--- 20. 12. 76           Official Journal of the European Communities                               No L 350/75
              CCT
             heading                               Description
               No
             20.07                 ex bb) With an added sugar content of 30°/o or less by
           (cont'd)                        weight:
                                           — Fruit falling within heading Nos 08.01 , 08.08 B,
                                               E and F and 08.09, excluding pineapples,
                                               melons and watermelons
                                           — Other, excluding apricot and peach juices
                                   ex cc) Not containing added sugar:
                                           — Fruit falling within heading Nos 08.01 , 08.08 B,
                                               E and F and 08.09, excluding pineapples,
                                               melons and watermelons
                                           — Other, excluding apricot and peach juices
                                8. Mixtures :
                                   ex bb) Other, excluding mixtures containing either separ­
                                           ately or together, over 25 % of grape, citrus fruit,
                                           pineapple, apple, pear, tomato, apricot or peach
                                           juice :
                                           11 . With an added sugar content exceeding 30%
                                                by weight
                                           22. With an added sugar content of 30% or less
                                                by weight
                                           33 . Not containing added sugar