CELEX: 51975PC0462
Language: en
Date: 1975-09-10
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL 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 (1976)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 462
Vol. 1975/0173
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(75)462 final
                       I         ,  ?       Brussels , 10 , September 1975
    λ
       i                 Proposal for a
                            »
                 REGULATION ( EEC ) OF THE COUNCIL            •
                          «            ■  i
       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
           ,   ,              ( 1976 )
COM(75 ) 462 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
The Council has agreed that from 1 January 1974 Malta should be given
treatment no less favourable than that accorded to the other countries
which benefit from generalised preferences .
The object of the Regulation annexed hereto is to put this decision into
practice ;  it extends to Malta, autonomously during 1976 , the total or
partial suspension of the Common Customs Tariff Duties on the products
in Chapters 1 to 24 which the Commission proposed in connection with the
generalised preferences .
The proposal concerns only those products which are of interest to Malta
in respect of which Community treatment of Malta is no more favourable
than the treatment given under the generalised preferences .
As the Regulation is based on Articles 43 and 113 of the Treaty establishing
the European Economic Community , the European Parliament must be consulted .
Attention is drawn to the fact that both the content of the Regulation and
the list of products annexed to it are directly related to the Commission 's
proposal to the Council concerning generalised preferences in respect to
the products falling within Chapters 1 to 24 of the Common Customs Tariff •
The annexed proposal will therefore have to be aligned on the final text
of the abovementioned Regulation when the latter has been adopted by the
Counoil •
 ---pagebreak---                                                       Proposal
                                  REGULATION (EEC) No              OF THE COUNCIL ,
                                                   OÍ
                   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
                                                         ( 1976 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      the principle of maintaining in the new Member
                                                              States a preference proportional to that which exists
Having regard to the Treaty establishing the Euro­            between the duties of the Common Customs Tariff
pean Economic Community, and in particular                    and the duties given in Annex A to this Regulation ;
Articles 43 and 113 thereof;                                  whereas, with a view to granting Malta the best
                                                              possible treatment, in accordance with the objectives
                                                              of the preference scheme, the duties given in Annex A
Having regard to Council - Regulation (EEC)                   should also be applied wherever the duties calculated
No 1059/69 (' ) of 28 May 1969 laying down the                according to the abovementioned detailed rules prove
trade arrangements applicable to certain goods                to be higher than them,
resulting from the processing of agricultural products,
as last amended by Regulation (EEC) No 1491/73 (2),
and in particular Article 12 thereof;
                                                              HAS ADOPTED THIS REGULATION:
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European                                         Article 1
Parliament;
Whereas, under Annex I to the Agreement (®) estab­            1 . From 1 January until 31 December 197°, the
lishing an Association between the European Eco­              products originating in Malta listed in Annex A shall
nomic Community and Malta, the Community must                 be admitted for import into the Community as
partially suspend the Common Customs Tariff duties            originally constituted at the customs duties indicated
applicable to certain products ; whereas it also              for each of them .
appears necessary provisionally to adjust or to
supplement certain of the tariff benefits provided for
in the abovementioned Annex ; whereas, accordingly,           On importation into Denmark, Ireland and the
the Community should, in respect of the products              United Kingdom, there shall be applied to the
originating in Malta listed in Annex A to this                abovementioned products the customs duties deter­
Regulation, suspend either the fixed component of             mined by multiplying, by a coefficient equal to the
the levy applicable to goods coming under Regulation          margin of preferences existing between the duties
 (EEC) No 1059/69 or the customs duty applicable              given in Annex A and the Common Customs Tariff
to the other products from 1 January to 31 December           duties applicable, the duties obtained by reducing the
 1976 and at the levels indicated for each of them;           difference between the lowest duty applied on
                                                              1 January 1972 to the developing countries and the
                                                              Common Customs Tariff, by tf0% in respect of the
Whereas, for certain products of Chapters 1 to 24 of ■        products ■mentioned in Annex B, and by 80% ir
the Common Customs Tariff, this scheme would,                 respect of the other products given in Annex A.
however, involve the application in the new Member
States in 1976" of customs duties higher than or very
close to those applied by the new Member States to            However, the duties given in Annex A shall be
non-member countries in general on the basis of the           applied where the duties resulting from the
Act of Accession; whereas, in order to maintain an            abovementioned calculation are higher than them.
equivalent preferential margin for these products
also, reduced customs duties should be applied to
them in accordance with the detailed rules based on
                                                              2. For the purposes of the application of this
                                                              Regulation, the rules of origin shall be those in •force
                                                              at the time as regards the implementation of the
 (' ) OJ No L 141 , 12. 6. 1969, p. 1 .
 (») OJ No L 151 , 7. 6. 1973, p. 1.                          Agreement establishing an Association between the
(') OJ No L 61 , 14. 3. 1971 , p. 3 .                         European Economic Community and Malta.
 ---pagebreak---  However the provisions of Article 1
 ( 2)(b ) last sentence of the Protocol
 concerning the definition of the
 concept of the origin of goods and
 methods of administrative ooopera-
 tion are not applicable insofar as
 concerns products obtained in Malta
 from s
 - the products originating in one or
    more Member State of the Community
    as originally constituted and
    exported to one or more new Member
    State , or
 - the products originating in one or
    more new Member States and exported
    to one or more Member States of                                                 Article 3
    the Community as originally
    constituted                                             1 . In order to ensure the application of Article 2,
                                                            the Commission may decide, by means of a Regu­
 where the products referred to in two                      lation, to reintroduce the levying of customs duties
 indents above have been the subject                        for a limited period.
 of the insufficient working or pro­                        2. In the event of such action being requested by a
 cessing listed in points 1 to 6 of                         Member State, the Commission shall take a decision
 List A annexed to the above Protocol *                     within a period of not more than 10 working days
                                                            from receipt of the request and shall inform the
                                                            Member States of the action taken .
                       Article 2
                                                            3 . Any Member State may refer to the Council the
                                                            measure taken by the Commission, within a period
When products benefiting from the arrangements              of not more than 10 working days after it has been
provided for in Article 1 are imported in the               informed thereof. The fact that the matter is referred
Community in such quantities or at such prices that         to the Council shall not cause the measure to be
Community producers of products similar to or in            suspended. The Council shall meet immediately. It
direct competition with fhem suffer or are likely to        may, acting on a qualified majority, amend or
suffer from serious disadvantage, the Common                rescind the measure in question.
Customs Tariff duties may be reintroduced in
whole or in part on the products in question. Such                                  Article 4
measures may also be taken in the event of actual or
potential serious disadvantage in a single region of        This Regulation shall enter into force on 1 January
the Community.                                               1976.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels,
                                          ^                                    For the Council
                                                                                The President
 ---pagebreak---                                          ANNEX A
   CCT
hcading No                                Description                        Rate of duty
     1                                      2                                     3
 02.01     Meat and edible offals of the animals (ailing 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 B. Furred game, frozen                                            Free
                                                                           t
03.01      Fresh fish ( alive or dead), chilled or
           frozen :
           B. Saltwater fish :
                 I. Whole , headless or in pieces :
           ex q ) other :
                       - aquarium fish                                           Free
   04.06     Natural honey                                                     23 %
   05.03     Horsehair and horsehair waste, whether or not put up as a
             layer or between two layers of other material :
             B. Other                                                             Free
   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                                        12,5 %
             B. Other :
                  II. Game or rabbit meat or offal :
                      – Game                                                     9       %
           ,          – Rabbit                                                 12,5 26
                 III. Other :
                      b) Other :
                         ex 1 . Containing bovine meat or offal :
                                 – Prepared or preserved bovine tongue . .     i6 io
                              2. Other :
                                 aa) Ovine meat or offal                       16
                                 bb) Other                                     16      1o
  20.02      Vegetables prepared or preserved otherwise than by vinegar
             or acetic acid :
                 E. Sauerkraut                                                 14 1°
            ex F. Capers                                                      11 $
 ---pagebreak---    CCT
heading No                              Description                            Rate of duty
 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 :
                           – Fruits falling within heading No 08.01 ,
                              excluding pineapples                              19 %
                      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 :
                                  – Fruits falling within heading No 08.01 ,
                                     excluding pineapples                    19 %+ (D
                           ex 2. Other :
                                  – Fruits falling within heading No 08.01 ,
                                     excluding pineapples                    19 %
           B. Of a specific gravity of 1-33 or less at 15° C :
              II. Other :
                   a) Of a value exceeding 30 u.a. per 100 kg net weight :
                           2. Grapefruit juice                                9,5 *
                      ex 3 . Other citrus fruit juices :
                              aa) Containing added sugar                     13       %
                              bb) Other                                      14       %
                      ex 6. Other fruit and vegetable juices, excluding
                              apricot and peach juices :
                              aa) Containing added sugar                     16
                              bb) Other                                      17
                           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            16      7o
                                      22. Other                              17      1°
                   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                                  9 >+ (L)
                           bb) Other                                          9 1o
                      4. Other citrus fruit juices :
           ,               aa) With an added sugar content exceeding
                               30% by weight                                 13 $+(L)
                           bb) With an added sugar content of 30% or
                               less by weight                                13 $
                           cc) Not containing added sugar . ,                14 %
 ---pagebreak---                                                                                          A
   CCT
heading No                             Description                           Rate of duty
     1                                     2                                      3
 20.07                7. Other fruit and vegetable juices :
(cont'd)                 ex aa) With an added sugar content exceeding
                                  30% by weight, excluding apricots and
                                  peaches                                    16>+- (L)
                         ex bb) With an added sugar content or 30%
                                  or less by weight, excluding apricots
                                  and peaches                                16%
                         ex cc) Not containing added sugar, excluding
                                  apricots and peaches                       17%
                      8. Mixtures :
                         ex bb) Other, excluding mixtures containing
                                  either separately or together, over 25 %
                                  of grape, citrus fruit, pineapple, pear,
                                  tomato, apricot or peach juice :
                                  11 . With an added sugar content
                                       exceeding 30% by weight               16%+ (L)
                                  22. With an added sugar content of
                                       30% or less by weight                 16 %
                                  33 . Not containing added sugar            17 7ο
 21.0 6    Natural yeasts (active or inactive); prepared baking powders :
           A. Active natural yeast :
              II. Bakers' yeast :
                  a) Dried                                                   5 K vc
                  b) Other                                                   5 "M-yc
 23 01     Flours and meals, of meat, offals, fish, crustaceans or molluscs,
           unfit for human consumption ; greaves :
           B. Flours and meals of fish, crustaceans or molluscs                 Free
 ---pagebreak---                                                  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 by 6o% , in accordance with Article 1
        CCT
     heading No                                               Description
     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 :
                       E. Sauerkraut
      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 :
                                        – Fruits falling within heading No 08.01 , excluding pineapple
                                   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 :
                                                – Fruits falling within heading No 08.01 , excluding
                                                    pineapples
                                        ex 2. Others :
                                                – Fruits falling within heading No 08.01 , excluding
                                                    pineapples
                       B. Of a specific gravity of 1*33 or less at 15° C :
                           II. Other :
                   I            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
                                   ex 6. Other fruit and vegetable juices, excluding apricot and
                                           peach juices :
                                           aa) Containing added sugar
                                           bb) Other
(a) From 1 April 197vthit heading will be deleted from this Ann4x.
 ---pagebreak---                                                                                    £·
  CCT
heading No                              Description
  20.07          7, Mixtures :
 (cont'd)           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 . 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
                                                           »
              7. Other fruit and vegetable juices :
                 ex aa) With an added sugar content exceeding 30% by
                         weight, excluding apricots and peaches
                 ex bb) With an added sugar content of 30% or less by
                         weight, excluding apricots and peaches
                 ex cc) Not containing added sugar, excluding apricots and
                         peaches
              8. Mixtures :
                 ex bb) Other, excluding mixtures containing either separately
                         or together, over 25 % of grape, citrus fruit, pineapple,
                         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