CELEX: 31975R3203
Language: en
Date: 1975-12-03 00:00:00
Title: Regulation (EEC) No 3203/75 of the Council of 3 December 1975 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)

9 . 12. 75                                Official Journal of the European Communities                           No L 318 / 1
                                                                  I
                                                (Acts whose publication is obligatory)
                                 REGULATION (EEC) No 3203/75 OF THE COUNCIL
                                                       of 3 December 1975
               totally or partially suspending Common Customs Tariff duties on certain
               products, falling within Chapters 1 to 24 of the Common Customs Tariff, origi­
                                                          nating in Malta
                                                                1976)
THE COUNCIL OF THE EUROPEAN                                           equivalent preferential margin for these products also,
COMMUNITIES,                                                          reduced customs duties should be applied to them in
                                                                      accordance with the detailed rules based on the prin­
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43                     ciple of maintaining in the new Member States a pref­
and 113 thereof ;                                                     erence proportional to that which exists between the
                                                                      duties of the Common Customs Tariff and the duties
 Having regard to Council Regulation (EEC) No                         given in Annex A to this Regulation ; whereas, with a
 1059/69 (') of 28 May 1969 laying down the trade                     view to granting Malta the best possible treatment, in
arrangements applicable to certain goods resulting                    accordance with the objectives of the preference
 from the processing of agricultural products, as last                scheme, the duties given in Annex A should also be
 amended by Regulation (EEC) No 1491 /73 (2), and in                  applied wherever the duties calculated according to
 particular Article 1 2 thereof ;                                     the abovementioned detailed rules prove to be higher
 Having regard to the proposal from the Commission ;                  than them ,
 Having regard to the Opinion of the European Parlia­
 ment (3) ;
                                                                      HAS ADOPTED THIS REGULATION :
 Whereas, under Annex I to the Agreement (4) esta­
 blishing an Association between the European
 Economic Community and Malta, the Community
                                                                                              Article 1
 must partially suspend the Common Customs Tariff
 duties; applicable to certain products ; whereas it also
 appears necessary provisionally to adjust or to supple­              1.    From 1 January until 31 December 1976, the
 ment certain of the tariff benefits provided for in the              products originating in Malta listed in Annex A shall
 abovementioned Annex ; whereas, accordingly, the                     be admitted for import into the Community as origi­
 Community should, in respect of the products origi­                  nally constituted at the customs duties indicated for
                                                                      each of them .
 nating in Malta listed in Annex A to this Regulation ,
 suspend either the fixed component of the levy appli­
 cable to goods coming under Regulation (EEC) No                      On importation into Denmark, Ireland and the
  1059/69 or the customs duty applicable to the other                 United Kingdom , there shall be applied to the above­
 products from 1 January to 31 December 1976 and at                   mentioned products the customs duties determined by
 the levels indicated for each of them ;                              multiplying, by a coefficient equal to the margin of
                                                                      preferences existing between the duties given in
 Whereas, for certain products of Chapters 1 to 24 of                 Annex A and the Common Customs Tariff duties
 the Common Customs Tariff, this scheme would,
                                                                      applicable, the duties obtained by reducing the differ­
 however, involve the application in the new Member                   ence between the lowest duty applied on 1 January
 States in 1976 of customs duties higher than or very                  1972 to the developing countries and the Common
 close to those applied by the new Member States to                    Customs Tariff, by 60 % in respect of the products
 non-member countries in general on the basis of the                   mentioned in Annex B, and by 80 % in respect of the
 Act of Accession ; whereas, in order to maintain an
                                                                      other products given in Annex A.
 (')  OJ No L  141 , 12. 6. 1969, p. 1 .
 (2 ) OJ No L  151 , 7 . 6. 1973 , p. 1 .                              However, the duties given in Annex A shall be
 (3)  OJ No C   280, 8 . 12. 1975, p. 68.                              applied where the duties resulting from the abovemen­
 (4)  OJ No L  61 , 14. 3 . 1971 , p. 3 .                              tioned calculation are higher than them .
 ---pagebreak--- No L 318 / 2                        Official Journal of the European Communities                            9 . 12 . 75
2. For the purposes of the application of this Regu­           from serious disadvantage, the Common Customs
lation, the rules of origin shall be those in force at the    Tariff duties may be reintroduced in whole or in part
time as regards the implementation of the Agreement            on the products in question . Such measures may also
establishing an association between the European               be taken in the event of actual or potential serious
Economic Community and Malta.                                  disadvantage in a single region of the Community.
However, Article 1 (2) (b), last sentence, of the                                      Article 3
Protocol relating to the definition of the concept of
'originating' products and to methods of administra­           1 . In order to ensure the application of Article 2,
tive cooperation, shall not apply in the case of               the Commission may decide, by means of a Regula­
products obtained in Malta from :                              tion, to reintroduce the levying of customs duties for a
— products originating in one or more Member                   limited period.
     States of the Community as originally constituted         2.     In the event of such action being requested by a
     and exported to one or more new Member States,            Member State, the Commission shall take a decision
     or
                                                               within a period of not more than 10 working days
— products originating in one or more new Member               from receipt of the request and shall inform the
     States and exported to one or more Member States          Member States of the action taken .
     of the Community as originally constituted,
                                                                3 . Any Member State may refer to the Council the
 provided that the products referred to in the two              measure taken by the Commission, within a period of
 indents above have undergone only the insufficient             not more than 10 working days after it has been
 working or processing listed in items 1 to 6 of List A         informed thereof. The fact that the matter is referred
 annexed to the abovementioned Protocol .                       to the Council shall not cause the measure to be
                                                                suspended. The Council shall meet immediately. It
                         Article 2                              may, acting on a qualified majority, amend or rescind
                                                                the measure in question .
 When products benefiting from the arrangements
 provided for in Article 1 are imported in the Commu­                                   Article 4
 nity in such quantities or at such prices that Commu­
 nity producers of products similar to or in direct             This Regulation shall enter into force on 1 January
 competition with them suffer, or are likely to suffer           1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 3 December 1975.
                                                                            For the Council
                                                                              The President
                                                                               F. FABBRI
 ---pagebreak--- 9. 12. 75                 Official Journal of the European Communities                         No L 318/3
                                                 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 fro­
                      zen :
                      ex B. Furred game, frozen                                       Free
          03.01       Fresh fish (alive or dead), chilled or frozen :
                      B. Saltwater fish :
                          I. Whole, headless or in pieces :
                                ex q) Other :
                                                                                      Free
                                      — Aquarium fish
          04.06       Natural honey                                                   26 %
          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 :
                                                                                       Free
                       C. Other fatty acids ; acid oils from refining
           16.02       Other prepared or preserved meat or meat offal :
                       A. Liver :
                              I. Goose or duck liver                                  14 %
                       B. Other :
                             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%
 ---pagebreak--- No L 318/4                 Official Journal of the European Communities                           9 . 12. 75
                 CCT
               heading                              Description                      Rate of duty
                  No
                   1                                     2                                3
           20.02       Vegetables prepared or preserved otherwise than by
                       vinegar or acetic acid :
                          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 No 08.01 , ex­
                                         cluding pineapples                             19 %
                                    — Fruit falling within heading No 08.09, ex­
                                         cluding melons and water-melons                19%
                                 b) Of a value not exceeding 30 u.a. per 100 kg
                                    net weight :
                                    ex 1 . With an added sugar content excee­
                                            ding 30 % by weight :                   l
                                            — Fruit falling within heading No
                                               08.01', excluding pineapples         19 % + (L)
                                            — Fruit falling within heading No
                                               08.09, excluding melons and water­
                                               melons                               19 % + (L)
                                    ex 2. Other :
                                            — Fruit     falling within heading No
                                               08.01 , excluding pineapples             19 %
                                            — Fruit     falling within heading No
                                               08.09,  excluding melons and water­
                                               melons                                   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                   14 %
                                          bb) Other                                    15 %
                                  ex 6. Other fruit and vegetable juices, exclu­
                                          ding apricot and peach juices :
                                          aa) Containing added sugar                   17 %
                                          bb) Other                                    18 %
                                      7 . Mixtures :
                                          ex bb) Other, excluding mixtures con­
                                                 taining 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 %
 ---pagebreak--- 9 . 12 . 75                 Official Journal of the European Communities                            No L 318/5
                  CCT
                heading                              Description                       Rate of duty
                  No
                   1                                      2                                 3
                         j
                                                                                      I
            20.07               b) Of a value of 30 u.a . or less per 100 kg net
            (cont'd)               weight :
                                      2 . Grapefruit juice :
                                           aa ) With an added sugar content excee­
                                                ding 30 °/o by weight                  9 % + ( L)
                                           bb) Other                                       9%
                                      4. Other citrus fruit juices :                  l
                                           aa) With an added sugar content excee­
                                                ding 30 °/o by weight                   14 % ( L)
                                           bb) With an added sugar content of
                                                30 % or less by weight                    14 %
                                           cc) Not containing added sugar                 15 %
                                   ex 7. Other fruit and vegetable juices, excluding
                                           apricots and peaches :                     I
                                           aa) With an added sugar content excee­
                                                ding 30 % by weight                   17 % + ( L)
                                           bb ) With an added sugar content of
                                                30 % or less by weight                    17 %
                                           cc) Not containing added sugar                 18 %
                                      8 . Mixtures :                                  l
                                          ex bb) Other, excluding mixtures con­
                                                   taining either separately or to­
                                                   gether, over 25 % of grape, citrus
                                                   fruit, pineapple, apple, pear, to­
                                                   mato, apricot or peach juice :
                                                   11 . With an added sugar con­
                                                        tent 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
            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
 ---pagebreak--- No L 318/6                             Official Journal of the European Communities                                 9. 12. 75
                                                                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 60 '/«, in accordance with
                                                                  Article 1
                      CCT
                     heading                                                  Description
                       No
            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 con­
                                             taining 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 No 08.01 , excluding
                                                                   pineapple
                                                               — Fruit falling within heading No 08.09, excluding
                                                                   melons and water-melons
                                                            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 No 08.01, ex­
                                                                           cluding pineapples
                                                                       — Fruit falling within heading No 08.09, ex­
                                                                           cluding melons and water-melons
                                                               ex 2. Other :
                                                                       — Fruit falling within heading No 08.01, ex­
                                                                           cluding pineapples
                                                                       — Fruit falling within heading No 08.09, ex­
                                                                           cluding melons and water-melons
                                              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
             (a) From 1 April 1976 this heading will be deleted from this Annex .
 ---pagebreak--- 9. 12. 75                  Official Journal of the European Communities                              No L 318/7
                    CCT
                   heading                                  Description
                     No
          20.07                          ex 3 . Other citrus fruit juices :
          (cont'd)
                                                aa) Containing added sugar
                                                bb) Other
                                         ex 6. Other fruit and vegetable juices, excluding apri­
                                                cot and peach juices :
                                                aa) Containing added sugar
                                                bb) Other
                                            7. Mixtures :
                                                ex bb) Other, excluding mixtures containing either
                                                       separately or together, over 25 °/o 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 °/o or less
                                                    by weight
                                                cc) Not containing added sugar
                                         ex 7. Other fruit and vegetable juices, excluding apricots
                                                and peaches :
                                                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
                                            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
                                                       22. With an added sugar content of 30 %
                                                            or less by weight
                                                       33 . Not containing added sugar