CELEX: 31977R2825
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2825/77 of 28 November 1977 opening, allocating and providing for the administration of a Community tariff quota for certain prepared or preserved bovine meat falling within heading No ex 16.02 of the Common Customs Tariff, originating in Malta (1978)

No L 331 /46                             Official Journal of the European Communities                             23 . 12 . 77
                                         COUNCIL REGULATION (EEC) No 2825/77
                                                      of 28 November 1977
                 opening, allocating and providing for the administration of a Community tariff quota
                 for certain prepared or preserved bovine meat falling within heading No ex 16.02 of the
                                     Common Customs Tariff, originating in Malta ( 1978)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           ber States until the quota has been used up ; whereas
                                                                    having regard to the principles mentioned above the
                                                                    Community nature of the quota might be respected
Having regard to the Treaty establishing the Euro­                  by means of a system of use of the Community tariff
pean Economic Community, and in particular                          quota based on allocation among the Member States ;
Articles 43 and 113 thereof,
                                                                    whereas to represent as closely as possible the actual
                                                                    state of the market in the products in question, allo­
Having regard to the proposal from the Commission ,                 cation should be proportionate to the requirements
                                                                    of the Member States as calculated from both statis­
                                                                    tics on imports from Malta during a representative
Having regard to the opinion of the European Parlia­                reference period and the economic outlook for the
ment (*),                                                           tariff period in question ;
Whereas Article 7 of the Additional Protocol to the
Agreement between the European Economic Com­
munity and Malta (2 ) lays down that the Community                  Whereas the Community statistics available provide
is to open a Community tariff quota of 650 tonnes                    no information on the situation of the products in
free of customs duties for certain prepared and pre­                question on Member States' markets ; whereas how­
served bovine meat known as stewed steak falling                    ever it may be taken that those products are market­
within subheading ex 16.02 B III b ) 1 bb ) of the                  ed almost exclusively in one Member State ; whereas
 Common Customs Tariff ; whereas the tariff prefer­                 consequently, to ensure a fair allocation of the quota
 ence in question is to apply from the date of entry                volume among the Member States, each Member
into force of that Protocol until 30 June 1978 ; where­             State should take a significant part of the quota
as Article 10 of the Protocol also provides for a dero­             volume, making due allowance for the situation
gation from the rules of origin laid down in the Pro­               referred to above;
tocol concerning the definition of the concept of 'ori­
 ginating products' and methods of administrative
cooperation annexed to the Protocol laying down
certain provisions relating to the Agreement estab­                 Whereas, to take account of the development of im­
lishing an association between the European Econ­                   ports into the various Member States of the products
omic Community and Malta (3); whereas by Regu­                       concerned, the quota volume should be divided into
lation (EEC) No 1693 /77 (4) the Community has                       two instalments, the first being shared among the
                                                                     Member States and the second held as a reserve to
already opened a tariff quota of 375 tonnes for the
period up to 31 December 1977 ; whereas conse­                      cover the subsequent requirements of those Member
quently a Community tariff quota of 275 tonnes                       States which have used up their initial share ; whereas
should be opened for the first six months of 1978 ;                  to give each Member State's importers some degree
                                                                    of certainty, the first instalment of the Community
                                                                     quota might be fixed at approximately 90 % of the
 Whereas it is in particular necessary to ensure equal               quota volume ;
 and uninterrupted access           to the abovementioned
quota for all Community importers and uninterrupted
 application of the rates laid down for that quota to
 all imports of the products concerned into all Mem­                 Whereas the initial shares of Member States may be
                                                                     used up at varying speeds ; whereas accordingly to
                                                                     avoid any discontinuity any Member State which has
                                                                    almost used up its initial share must take an ad­
 i 1 ) Opinion delivered on 18 November 1977 (not yet               ditional share from the reserve ; whereas this must be
       published in the Official Journal ).                         done by each Member State as each one of its ad­
 (2) OJ No L 304, 29 . 11 . 1977, p. 2 .                            ditional shares is almost used up and as many times
 (3) OJ No L 111 , 28 . 4 . 1976, p. 3 .                             as the reserve allows ; whereas the initial and ad­
 (4) OJ No L 188 , 28 . 7. 1977, p. 12 .                            ditional shares must apply until the end of the quota
 ---pagebreak--- 23 . 12. 77                              Official Journal of the European Communities                            No L 331 /47
period; whereas this form of administration requires                ed as a product originating in Malta where this con­
close collaboration between the Member States and                   dition is not observed, provided that the other condi­
the Commission and the Commission must be able                      tions applicable to that heading are observed.
to monitor the extent to which the quota volume has
been used up and inform the Member States thereof;
                                                                    The following entry must be made in Section 7 of
                                                                    movement certificates EUR. 1 issued in respect of
Whereas if at a given date in the quota period a con­               originating products pursuant to the derogation
siderable quantity of the initial share is left over in a           referred to in this paragraph :
 Member State it is essential that the Member State
concerned should return a significant proportion to                     'Derogation stewed steak'.
 the reserve to prevent a part of the Community quota
 from remaining unused in one Member State while it
 could be used in others ;
                                                                                               Article 2
Whereas since the Kingdom of Belgium, the Kingdom
                                                                    1.    A first instalment of 250 tonnes of the Com­
 of the Netherlands and the Grand Duchy of Luxem­
 bourg are united in and represented by the Benelux                 munity tariff quota referred to in Article 1 shall be al­
 Economic Union any measure concerning the admin­                   located among the Member States ; the respective
 istration of the quota shares allocated to that eco­               shares which subject to Article 5 shall be valid until
 nomic union may be carried out by any one of its                   30 June 1978 shall be as follows :
 members,                                                                   Benelux                          2 tonnes ,
                                                                            Denmark                          2 tonnes,
                                                                            Germany                          2 tonnes,
 HAS ADOPTED THIS REGULATION :
                                                                            France                           2 tonnes,
                                                                            Ireland                          2 tonnes,
                           Article 1
                                                                            Italy                            2 tonnes,
                                                                            United Kingdom                 238 tonnes .
 1.    From 1 January until 30 June 1978 the Com­
 mon Customs Tariff duty on the products indicated
                                                                    2.    The second instalment of 25 tonnes shall consti­
 below, originating in Malta, shall be totally sus­
                                                                    tute the reserve.
pended in respect of a Community tariff quota of
275 tonnes :
                                                                                               Article 3
      CCT
     heading                         Description
       No
                                                                    1.    If 90 % or more of the initial share of a Mem­
                                                                    ber State, as laid down in Article 2 ( 1 ), or of that
                                                                    share less the amount returned to the reserve if
      16.02       Other prepared or preserved meat or               Article 5 is applied, has been used up, that Member
                  meat offal :
                                                                    State shall without delay, by notifying the Commis­
                  B. Other :                                        sion, take a second share equal to 15 % of its initial
                     III . Other :                                  share rounded up to the next unit, in so far as the re­
                                                                    serve permits.
                           b) Other :
                              1 . Containing bovine meat or
                                  offal :
                                                                    2.    If after its initial share has been exhausted 90 %
                                  bb) Other                         or more of the second share taken by a Member State
                                                                    has been used, that Member State shall in accordance
                                                                    with the conditions laid down in paragraph 1 take a
                                                                    third share equal to 7-5 % of its initial share rounded
 2. Notwithstanding the special provisions con­                      up to the next unit.
 tained in Annex II to the Protocol on origin for head­
 ing No 16.02, which provides that non-originating
 products of Chapter 2 may not be used, tinned                      3.    If after its second share has been exhausted
 stewed steak manufactured in Malta shall be regard­                90 % or more of the third share taken by a Member
 ---pagebreak--- No L 331 /48                         Official Journal of the European Communities                              23 . 12. 77
State has been used, that Member State shall, in the            The Commission shall notify Member States not later
same way, take a fourth share equal to the third.               than 5 May 1978 of the amount in the reserve after
                                                                the return of shares pursuant to Article 5 .
This process shall be applied until the reserve is ex­
hausted .                                                       The Commission shall ensure that any share taken
                                                                which uses up the reserve is limited to the balance
4. Notwithstanding paragraphs 1 , 2 and 3 , the                 available and, for this purpose, shall specify the
Member States may take shares smaller than those                amount thereof to the Member State which takes the
fixed in those paragraphs if there is reason to believe         last share.
that they might not be used up . They shall inform the
Commission of the reasons which led them to apply
                                                                                        Article 7
this paragraph.
                                                                 1.    The Member States shall take all appropriate
                                                                 measures to ensure that when additional shares are
                          Article 4
                                                                taken out pursuant to Article 3 it is possible for
                                                                 quantities to be charged, without interruption against
Additional shares taken pursuant to Article 3 shall              their accumulated shares of the Community quota.
 apply until 30 June 1978 .
                                                                 2.     The Member States shall ensure that importers
                                                                 of the products in question established in their terri­
                           Article 5                             tory have free access to the shares allocated to them.
                                                                 3.     The extent to which a Member State has used
The Member States shall return to the reserve not                up its share shall be determined on the basis of the
 later than 1 May 1978 the unused portion of their in­           imports originating in Malta entered with customs
 itial shares which on 15 April 1978 is in excess of             authorities for home use .
 20 % of the initial amount. They may return a great­
 er amount if there are grounds for believing that
  ampunt may not be used up.                                                             Article 8
 The Member States shall notify the Commission not               At the request of the Commission, Member States
  later than 1 May 1978 of the total imports of the              shall inform it of imports actually charged against
 products in question effected up to 15 April 1978 in­           their shares .
  clusive and charged against the Community quota
  and of any portion of their initial shares which they
                                                                                         Article 9
  are returning to the reserve .
                                                                 The Member States and the Commission shall
                           Article 6
                                                                 cooperate closely in order to ensure that this Regula­
                                                                  tion is observed .
  The Commission shall keep account of the quota
                                                                                        Article 10
  shares opened by Member States in accordance with
 Articles 2 and 3 and shall inform each of them of the
  extent to which the reserve has been used as soon as            This Regulation shall enter into force on 1 January
  it receives the notifications .                                 1978 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 28 November 1977 .
                                                                                       For the Council
                                                                                         The President
                                                                                          L. OUTERS