CELEX: 31974R3296
Language: en
Date: 1974-12-19 00:00:00
Title: Regulation (EEC) No 3296/74 of the Council of 19 December 1974 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

No L 353/60                              Official Journal of the European Communities                            30 . 12 . 74
                                     REGULATION (EEC) No 3296/74 OF THE COUNCIL
                                                      of 19 December 1974
                   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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            the principle of maintaining in the new Member
                                                                    States a preference proportional to that which exists
                                                                    between the duties of the Common Customs Tariff
Having regard to the Treaty establishing the Euro­
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 (3) estab­                  1 . From 1 January until 31 December 1975, 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
 1975 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 40% in respect of the
Whereas, for certain products of Chapters 1 to 24 of                products mentioned in Annex B, and by 60% in
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 1975 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 .
 (2) OJ No L 151 , 7. 6. 1973 , p. 1 .                               Agreement establishing an Association between the
 (3 ) OJ No L 61 , 14. 3 . 1971 , p. 3 .                             European Economic Community and Malta .
 ---pagebreak--- 30. 12. 74                         Official Journal of the European Communities                        No L 353 /61
The rule whereby the condition requiring sufficient                                    Article 3
processing is waived in respect of products originat­
ing in the Community as originally constituted shall          1 . In order to ensure the application of Article 2,
not, however, apply in the case of the above­                 the Commission may decide, by means of a Regu­
mentioned products when they undergo in Malta                 lation, to reintroduce the levying of customs duties
only insufficient working or processing as defined            for a limited period .
in items 1 to 6 of list A annexed to the Protocol to
the aforesaid Agreement.                                      2 . In the event of such action being requested by a
                                                              Member State, the Commission shall take a decision
                                                              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 them 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.                                                1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 19 December 1974.
                                                                                 For the Council
                                                                                   The President
                                                                                 J. P. FOURCADE
 ---pagebreak--- No L 353 /62                       Official Journal of the European Communities                      30 . 12 . 74
                                                        ANNEX A
                CCT
             heading No                                  Description                    Rate of duty
                  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 B. Furred game, frozen                                          Free
              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 :
                        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%
                        B. Other :
                             II . Game or rabbit meat or offal :
                                  — Game                                                   10%
                                  — Rabbit                                                 14%
                           III. Other :
                                  b ) Other :
                                      ex 1 . Containing bovine meat or offal :
                                              — Prepared or preserved bovine tongue . .    18%
                                         2 . Other :
                                              aa ) Ovine meat or offal                     18%
                                              bb) Other                                    18%
              20.02     Vegetables prepared or preserved otherwise than by vinegar
                        or acetic acid :
                           E. Sauerkraut                                                   16%
                        ex F. Capers                                                       12%
 ---pagebreak--- 30 . 12 . 74                      Official Journal of the European Communities                              No L 353 /63
                CCT
             heading No                               Description                              Rate of duty
                  12                                                                                3
              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                                 21%
                                    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                      21 % + (L)
                                         ex 2 .  Other :
                                                 — Fruits falling within heading No 08.01 ,
                                                    excluding pineapples                          21%
                        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                                    10-5 %
                                    ex 3 . Other citrus fruit juices :
                                             aa) Containing added sugar                           14%
                                             bb) Other                                            15%
                                    ex 6 . Other fruit and vegetable juices , excluding
                                             apricot and peach juices :
                                             aa) Containing added sugar                           17%
                                             bb ) Other                                           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                                   10% + (L)
                                         bb) Other                                                10%
                                    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--- No L 353/64                     Official Journal of the European Communities                              30 . 12. 74
               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                                       17% + (L)
                                      ex bb) With an added sugar content of 30%
                                              or less by weight, excluding apricots
                                              and peaches                                       17%
                                      ex cc) Not containing added sugar, excluding
                                              apricots and peaches                              18%
                                  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                  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 faking powders :
                       A. Active natural yeast :
                          II. Bakers' yeast :
                               a) Dried                                                      6% + vc
                               b) Other                                                      6% + vc
             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--- 30 . 12 . 74                             Official Journal of the European Communities                                 No L 353 / 65
                                                                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 20% , in accordance with Article 1
                      C CT
                   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 :
                                                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 1975 this heading will be deleted from this Annex.
 ---pagebreak--- No L 353 /66            Official Journal of the European Communities                                  30 . 12. 74
               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