CELEX: 51977PC0422
Language: en
Date: 1977-09-13
Title: Proposal for a Council Regulation (EEC), opening, allocating and providing for the administration of a Community tariff quota for certain prepared or preserved bovine meat falling within subheading ex 16.02 of the Common Customs Tariff and originating in Malta (1978). (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (77) 422
Vol. 1977/0136
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(77)422 final.
                                               Brussels , 13 September 1977
                              Proposal for a
                         Council Regulation (EEC )
        opening , allocating and providing for the administration
 of a Community tariff quota for certain prepared or preserved bovine
             meat falling within subheading ex 16.02 of the
         Common Customs Tariff and originating in Malta ( 1978 )
              ( submitted to the Council by the Commission)
COM(77 ) 422 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1. The Additional Protocol to the Agreement between the
   Community and Malta provides for the opening , for a period
   up to 30 June 1978 , of a duty-free Community tariff quota
   of 650 tonnes of certain prepared and preserved bovine meat ,
   known as stewed steak , falling within subheading ex 16.02 B
   III b ) 1 bb ) , originating in Malta and accompanied by a derogation
   from the rules of origin applicable to the products in
   question .
   Since the Community , by Council Regulation ( EEC ) No 1693 / 77 ,
   has already opened a tariff quota of 375 tonnes for a period
   up to 31 December 1977 , a tariff quota of 275 tonnes should
   be opened for the first six months of 1978 .
   That is the purpose of this proposal .
2. The proposal for a regulation opening this tariff quota provides
   - as is customary - for the division of the quota volume into
   two instalments , the first being allocated among the Member
   States as quota shares and the second being held as a reserve .
3. It is not possible to use import statistics as a basis for
   allocating the first instalment since no such statistics are
   available . So that the quota volume can be fairly distributed
   among the Member States in spite of this , a significant quota
   share should be allocated to each Member State , taking into
   account the fact that the product in question is marketed almost
   exclusively in one Member State .
 ---pagebreak---                                Proposal for a
                     Council Regulation (EEC )
           opening , allocating and providing for the administration
           of a Community tariff quota for certain prepared or
           preserved bovine meat falling within subheading ex 3 6.02
           of the Common Customs Tariff and originating in Malta
                                     ( 1978 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Articles 43 and 113 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament1 ,
Whereas Article 7 of the Additional Protocol to the Agreement
                                                       2
between the European Economic Community and Malta lays down that
 the Community is to open a Community tariff quota of 650 tonnes free
 of customs duties for certain prepared and preserved bovine meat
known as stewed steak falling within subheading ex 16.02 B III b ) 3 bb )
 of the Common Customs Tariff ; whereas the tariff preference                in
 question is to apply with effect from the date of entry into force of
 that Protocol and up to 30 June 1978 ; whereas Article 10 of the
 Protocol also provides for a derogation, from the rules of origin laid
 down in the Protocol concerning the definition of the concept of
 "originating products" and methods of administrative cooperation
 annexed to the Frotdcol laying down certain provisions relating
 to the Apreernent establishine an association between the European
 Economic Coinniu'nity and Malta 3 } whereas
                                        .     -      - . • . _ / r>r.A \ -M - «
                                              by Regulation              No * ^ / °T*7
                                                                                  7» 9
 the Community has already opened a tariff qnota of 375 tonnes .for the
 period up to 31 December J 97 v j whereas , consequently , a uoaanuui ».y
 tariff quota of 275 tonnes should be opened for the first six months of
  1978 ;
   OJ No
 20J No L
 30J No L 111 , 28.4.1976 , p .3
 A
   OJ No L 188 , 28.7.1977 , p. 12 .
 ---pagebreak---   Whereas it is in particular necessary to ensure to
  all Community importers equal and uninterrupted
  access to the abovementioned quota and uninter­
  rupted application of the rate laid down for that
  quota to all imports of the product concerned into
  all Member States until the quota has been used
  up; whereas, having regard to the principles
  mentioned above, the Community nature of the
  quota can be respected by allocating the Community
  tariff quota among the Member States; whereas to
   represent as closely as possible the aotual trend of
  the market in the products in question, the allocation
  should follow proportionately ithe requirements of
  the Member States calculated from .both statistics of
   imports fromMa I ta during a representative period
   and the economic outlook for the tariff period in
   question;
   Whereas the Community statistics available do not give
   information on the market situation of the products in
   question ;        whereas , however , it may be estimated that
   those products are marketed almost exclusively on the market
   of one Member State ;           whereas , consequently , to ensure fair
   distribution of the quota volume among the Member States ,
   each Member State should make a significant contribution to
   the quota volume , with account being taken of the above-
   mentioned situation ;
Whereas, to take account of future import trends in
the various Member States of the product under
consideration, the total quota volume should be
divided into two instalments, the first being shared
among the Member States and the second held as
a reserve to cover at a later date the requirements
of those Member States having used up their initial
share; whereas to give Member State importers some
certainty, the first of the Community quota might be
fixed at approximately 90% of the quota volume;
 ---pagebreak---                                                           - 3 -
Whereas the initial shares of Member States may be
 used up more or less quickly; v. aereas, therefore, to
 avoid disruption of supplies any Member State which
 has almost used up its inif'al share, must draw a
 supplementary share from fhe reserve; whereas this
 must be done by each Member State as each one of
 its supplementary shares is almost used up, and as
 many times as the reserve allows ; whereas the initial
 and supplementary shares must be valid until the
 end of the quota period; whereas this form of
 administration requires close collaboration between
 the Member States and the Commission, and the
 Commission must be in a position to follow the
 extent to which the quota volume has been used
  up and inform the Member States thereof;
Whereas if, at a given date in the quota period,
a considerable quantity of the initial share is left
over in a Member State, it is essential that each
State should return a significant proportion to the
reserve to prevent a part of the Community quota
from remaining unused in one Member State while
it could be used in others ;
Whereas, since the Kingdom of Belgium , the King­
dom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union, any measure concerning
the administration of the quota shares allocated to
that economic union may be carried out by any of
its members,
 HAS ADOPTED THIS REGULATION :
                        Article 1
  1 . From 1 January            until 30 June 1978 , the Common Customs Tariff
      duty on the products indicated below , originating in Malta ,
      shall be totally suspended in respect of a Community tariff
      quota of 275 tonnes :
                  –      !
                heading    i               Description of goods
                  No
            16.02            Other prepared or preserved meat or meat
                             offal :
                             B. Other :
                                 III . Other :
                          !
                           I           b) Other :
                           j                Coiitaining bovine sneaï or
                           |                        :
                                            bbj Other
 ---pagebreak--- 9
                                                   - 4 -
   2. By way of derogation from the special provisions
   contained in Annex II to the 'origin' Protocol for
   heading No 16.02, which provides that the non-origi-
   nating products of Chapter 2 may not be used, tinned
   stewed steak manufactured in Malta shall be regarded
   as a product originating in Malta, where this condition
   is not observed, provided that the other conditions
   applicable to this heading are observed.
   The following entry must be made in Section 7 of
   movement certificates EUR.l , issued in respect of orig­
   inating products pursuant to the derogation referred to
   in this paragraph :
       "Derogation stewed steak.'
                            Article 2
  1. A first instalment, amounting to 250 tonnes ,
         of the Community tariff quota referred to in
  Article 1, shall be allocated among the Member
  States; the respective shares, which subject to
  Article 5 shall be valid until 30 June            197^
  shall be as follows:
              Bénélux                     2 tonnes
              Denmark                     2 tonnes
              Germany                     2 tonnes
              France                      2 tonnes
              Ireland •                   2 tonnes
              Italy                       2 tonnes
              United Kingdom           238  tonnes
   2. The second instalment of 25 tonnes              shall
   constitute -the reserve.
                            Article 3
   1 . If 90% or more of the initial share of a Member
  State laid down in Article 2 ( 1 ), or 90% of that share
   less the amount returned into the reserve where the
  provisions of Article 5 have been applied, has been
  exhausted, that Member State shall proceed without
  delay, by notifying the Commission, to draw a
 ---pagebreak--- second share, equal to 15% of its initial share,           Articles 2 and 3 and shall inform each of them of the
rounded up to the next unit.                               extent to which the reserve has been used as soon
                                                            as it receives the notifications.
2. If, after its initial share has been exhausted, 90%
or more of the second share drawn up by a Mem'ber          The Commission shall, not later than 5 May           1978,
State has been used, that Member State shall proceed,      notify Member States of the amount in the reserve
in accordance with the conditions        laid down      in after the return of shares pursuant to Article 5.
paragraph 1 , to draw a third share, equal to 7-5% of
its initial share, rounded up to the next unit where
appropriate, to the extent that the reserve is sufficient. The Commission shall ensure that any drawing which
                                                           uses up the reserve is limited to the balance
                                                           available and, for this purpose, shall specify the
3. If, after its second share has been exhausted, 90%      amount thereof to the Member State which makes
or more of the third share drawn by a Member State         the last drawing.
has been used, that Member State shall proceed in
the same way to draw a fourth share equal to the
third.
                                                                                     Article 7
This process shall be applied until the reserve is
exhausted.
                                                           1 . The Member States shall take all appropriate
                                                           measures to ensure that, when additional shares are
4. Notwithstanding paragraphs 1 , 2 and 3, the             drawn pursuant to Article 3, it is possible for charges
Member States may proceed to draw shares smaller           to be made without interruption against their
than those fixed in those paragraphs if there is reason    accumulated shares of the Community quota.
to believe that they might not be used up. They shall
inform the Commission of the reasons which led             2. The Member States shall ensure that importers
them to apply this paragraph.                              of the said goods established in their territory have
                                                           free access to the shares allocated to them. .
                         Article 4                         3 . The extent to which a Member State
                                                           has used up its share shal. I be deter­
Each of the additional shares drawn pursuant to
                                                           mined on the basis of the imports
Article 3 shall be valid until 30 June       1 97 8 .      originating in Malta entered for home
                                                           use .
                         Article S
The Member Scares shall return to the reserve, not                                   Article S
later than 1 i'lay        1978,^tbe. unused portion of
rheir initial share which, on 15 Apri I 1978, is in
excess of 20% of the initial amount. They may return       On receipt of a request from tne Commission,
a greater portion if there are grounds for believing       Member States shall inform it of imports actually
that such portion may not be used in full .                charged against their shares.
The Member States shall, not later jhan 1 May
1978 /,notify to the Commission of the total imports                                 Article 9
of the said goods effected up to and including
15 April 197 8 and charged against the Com­
munity quota and, where appropriate, the proportion        The     Member     States   and    rhe  Commission   shall
of their initial share that is being returned to the       cooperate closely in order to ensure that this
reserve.                                                   Regulation is observed.
                         Article 6                                                   Article 10
The Commission shall keep account of the shares            This      Regulation    shall    en-cer  into  force   on
opened by Member States in accordance with                 1 January 197 8 «
 ---pagebreak---                                      - 6 -
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                               For the Council
                                                                The President
 ---pagebreak---  FINANCIAL             STATEMENT
1 - Budget line concerned : Ch . 12 Art . 120
2 . Legal basis :    Articles 43 and 113
3 . Title of the tariff measure :
     Proposal for a Council Regulation ( EEC ) opening , allocating and providing
     for the administration of a Community tariff quota for certain prepared
     or preserved bovine meat falling within subheading ex 16.02 B III b ) 1 bb )
     of the Common Customs Tariff and originating in Malta ( 1978 ).
4 . Objectives :
     Fulfilment of a contractual obligation ( EEC-Malta Agreement )
5 . Method of calculation :
    - No
       IMO of
           OT CCT
              LL I        ;  ex 16.02 B III b ) 1 bb )
    - Guota volume        :  275 tonnes
    - Quota duty rate     :  free
    - Duty rate CCT       ;  26%
6 . Loss of receipts :
     Average cif price of the product in 1975 : 735 EUR / T
     Price in 1978 : ( estimate : 840 EUR / T )
     26% / 840 EUR / 275 T = 60 000 EUR