CELEX: 51978PC0312
Language: en
Date: 1978-06-28 00:00:00
Title: Recommendation for a COUNCIL REGULATION (EEC) on the conclusion of an Agreement in the form of a Community tariff quota in favour of Malta for certain prepared or preserved bovine meat falling within subheading ex 16.02 of the Common Customs Tariff

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 312
Vol. 1978/0112
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(78)312 final
                                                   Brussels , 28 June 1978
                                    Recommendation for a
                             COUNCIL REGULATION ( EEC )         / 78
       on the conclusion of an Agreement in the form of a Community tariff
       quota in favour of Malta for certain prepared or preserved bovine
       meat falling within subheading ex 16.02 of the Common Customs Tariff
                                  "    ' \
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C0M(78) 312 final . <;£ '             <
 ---pagebreak---              COMMISSION COMMUNICATION TO THE COUNCIL
1.        Article 7 of the Additional Protocol to the Agreement establishing
an association between the European Economic Community and Malta , which was
signed on 27 October 1977, stipulates that for preserved meat falling within
tariff subheading ex 16.02 the Community shall open, for the period 1 July
1977 to 30 June 1978, a Community tariff quota free of customs duties of      *
the volume of 6,50 tonnes . A derogation from the rules of origin in Annex II
to the Origin Protocol is granted in respect of the same product until.
30 June 1978 .                    '            •
                             •>
2.        In notes Verbales of 16 and 26 May 1978 to the Commission , the
Government of Malta requested an extension of these provisions until 30"June
1979 ..              .     .        '
3.        Tne Commission considers that in order to take, account of Matla 's
special situation, new arrangements should be made in its favour in aspect
of the product in question, for the period from 1 July 1978 to 30 June 1979
in the form of a tariff preference of 80 % from 1 July to 31 December 1978
and 60 % from 1 January to 30 June 1979 , within the limit of a Community
                                (1)
tariff quota of 650 tonnes
4.        The Commission submits to the Council herewith a proposal for a regu­
lation concluding an exchange of letters to that effect , and a proposal for
a regulation opening the above-mentioned Community tariff quota . The- Council
is requested to take a decision as soon as possible, in order that the
regulations can enter into force in July . ;
( 1 ) As regard the question'of origin rules, Maltese producers are now able
      to obtain raw material supplies on the Community Market .
 ---pagebreak---                    . Regulation for a
                 Council Regulation ( EEC )     / 78
        on the conclusion of an Agreement in the form of
           an exchange of letters on the opening of a
  Community tariff quota 'in favour of Malta for certain prepared
     or preserved bovine meat falling within subheading
              ex 16.02 of the Common Customs Tariff –<■
                                                (           ;
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
         Λ                          /                                       *
                      "               •     I                  -
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof .
V                                             I
Having regard, to the recommendation from the Commission,
Whereas it is necessary to establish preferential arrangements for imports
into the Community of certain prepared bovine meat originating^ in Malta ,
HAS ADOPTED THIS REGULATION :
   I
                              Article 1
          The Agreement in the form of an exchange of letters on the opening of
a Community tariff quota in favour of Malta for certain prepared or preserved
bovine meat falling within subheading ex 16.02 of the Common Customs tariff
hereby approved on behalf of the Community .
          The text of the Agreement is annexed to thi s Regulation .
 ---pagebreak---                                                                    2.
                          Article 2
        The President of the Council is hereby authorized to designate
the person empowered to sign the Agreement in order to bind the Community .
                          Article 3
        This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
     V                            •        '
                          This Regulation shall be binding in its entirety *
                          and directly applicable in all Member States .
                                                         - 4 -
Done at
                                      For the Council
                                       The President
 ---pagebreak---              Agreement in the form of an exchange
                 of letters on the opening of a
               Community tariff quota in favourof
      Malta for certain prepared or preserved bovine meat
      falling . within subheading ex 16.02 of the Common
                         Customs Tariff
                          Letter N° 1    . ■     . - .
Sir-
         I have the honour to, refer to Article 7 of the Additional protocol
                                              \        •             -\
to the Agreement establishing an association between the European Economic
Community and Malta , concerning arrangements for the importation into the
Community of preserved meat , which expire on 30 June 1978 ,* and to the Maltese
Government 's request dated 26 May 1978 for the extension of these arrangements
for these products until 30 June 1979 .
         I have the honour to inform you that the Community is willing to .
open a Community tariff quota of 650 tonnes for certain prepared or preserved
bovine meat fallirrg within subheading ex 16.02 B III b ) 1 bb ) of the Common
Customs tariff , originating in Malta , for the period from the completion of
the procedure for bringing this Agreement into force until 30 June 1979 .
Customs duties on imports of these products into the Community will be
reduced by 80% from the same date until 31 December 1978 ; they will be reduced
by 60% from 1 January 1979 to 30 June 1979 .
        I should be grateful if you would inform me of your Government 's
agreement to the contents of this letter .
        Please accept , Sir , the assurance of my highest consideration .
                       *   *•                                                i
                                    On behalf of the Council
                                   of the European Communities
 ---pagebreak---                            Letter N° 2
 Sir-
          I have the honour to acknowledge your Letter of today 's date in         . j
 which you inform me as follows :
 .       I have the honour to refer to Article 7 of the Additional protocol           !
to the Agreement establishing an association between the European Economic            i
Community and Malta , concerning arrangements for the importation into the
Community of preserved meat > which expire on , 30 June 1978 , and to the Maltese ' •
Government 's request   dated 26 May 1978 for the extension of these arrangements
for these products until 30 June 1979 .       -----                          ».
    v   I have the honour to inform you that the Community is willing to. .            |
open a Community tariff quota of 650 tonnes for certain prepared or preserved
bovine meat falling 'with \rr subheading ex 16.02 B III b ) ^ bb ) of the Common
Customs tariff, originating in Malta , for the period from the completion of the
Drocedure for bringing this Agreement into force until 30 June 1979 .      Customs
duties on imports of these products into the Community will be reduced by 80%
from the same date until 31 December 1978 ;     they will be reduced by 60% from •
1 January 1979' to 30 June 1979 .                                                   '
        I should be grateful if you would inform me of your Government 's
agreement to the contents of this letter .
         I have the honour to advise you of my Government 's agreement to the
contents of the above letter .
         Please accept . Sir , the assurance of my highest consideration .
                                        On behalf of the Government of Malta .
 ---pagebreak---                                                         Proposa L for a
                                             COUNCIL RÉGÜLATÍON (EEC) NO . . ./ 78
                                                         Of   ■■!■>«>
                        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 1 79 )
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,                    ber States until the quota has been used up; whereas
                                                                      having regard to the principles mentioned above the
          Having regard to the Treaty establishing the Euro­          Community nature of the quota might be respected
'         pean Economic Community, and in particular
                                                                      by means of a system of use of the Community tariff
•         Article          113 thereof,                               quota based on allocation among the Member States;
                                                                      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
           Whereas the Agreement in the form of an tics on imports from Malta during a representative
  exchange of letters between the European Econo­ reference period and the economic outlook for the
  mic Community and Malta lays down that the Com­ tariff period in question;
  munity is to open a Community tariff quota of
  650 tonnes at reduced duty rates for certain
  prepared and preserved bovine meat , originating Wherea* the Community statistics available provide
  in M^lta , falling within - subheading -e)t- 16.02 B                no information on the situation of the products in
  HI b ) I bb ) of the Common Customs Tariff ; where "question on Member-States' markets ; whereas how­
  as the tariff preference in question is to apply ever it may be taken that those products are market­
  from the date of entry into force of the Regu­                      ed almost exclusively in one Member State; whereas
  lation bringing the said Agreement into effect consequently, to ensure a fair allocation of the quota
  until 30 June 1979 ; •                                              volume among the Member States, each Member
                                                                      State should take a significant part of the quota
                                                                      volume, making due allowance for the situation
                                                                      referred to above:
           whereas the rules of originilaid down in the Pro­
          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 (I ); are applicable ;             concerned, the quota volume should be divided into
                                                                      two instalments, the first being shared among the
                                                                      Member States and the second held as a reserve to
          whereas consequently a Community tariff cover the subsequent requirements of those Member
                                                                      States which have used up their initial share; whereas
          quota of 650 tonnes should be opened for to give each •Member State's importers some degree
          the Deriod in question ;                                    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
                                                                      qlmost used up its initial share must take an ad­
                                                                      ditional share from the reserve; whereas this must be
            ( 1 ) 0J No L 111 - 28.4.1976 / p : 3 .                   done by each Member State as each one of its ad­
                                                                      ditional shares is almost used up and as many times
                                                                      as the reserve allows; whereas the initial and ad­
                                                                      ditional shares must apply until the end of the quota
 ---pagebreak---  period; whereas this form of administration requires
 close collaboration between the Member States and
 the Commission and -the Commission must be able
 to monitor 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 con­
  siderable quantity of the initial share is left over in a
  Member State it is essential that the Member State
  concerned 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 Kingdom
  of the Netherlands and .the- Grand Duchy of Luxem­
  bourg are united in and represented by the Benelux
  Economic Union any measure concerning the admin­
   istration of the quota shares allocated to that eco­
  nomic union may be carried out by any one of its
   members,
   HAS ADOPTED THIS REGULATION:
                           Article 1                            ' :
                         and
    1.    From 1 •••' until 30 June 1979 the Com­
    mon Customs Tariff duty on the products indicated               ^     o■ n
   below, originating in Malta, shall be reduced to the Level given
  below in respect of a Community tariff quota of
650 tonnes:                                                                 Customs Tariff duties applicable
                                            '        •'       t                    for the period
         CCT
                                                                from             1978     ,       from 1,1.1979
        heading
          No
                                      Description                until 31.12.1978                 until 30.6.1979
         16.02      Other prepared or' preserved meat or
                    meat offal :
                    B. Other :
                       III. Other :                       -
                            b) Other :
                                 1. Containing bovine meat or
                                    offal :                                                           10.4%
                                                                         5.2%
                                    bb) Other
                                                        definition
       2.       The Protocol concerning the                   ^     of the concept o     origma ing
       products' and methods of administrative cooperation annexed to the Protocol
        laying down certain provisions relating .to the Agreement establishing an
       association between the European Economic Community and Malta is applicable .
 ---pagebreak---                               Article 2
                                   :    600  •
  1.     A first instalment of / tonnes of the Com­
  munity tariff quota referred to in Article 1 shall be al­
  located among the Member States; the respective
  shares which subject to Article 5 shall be valid until
  30 June 1979 shall be as follows:
           Bénélux                          5 tonnes,
           Denmark                          5 tonnes,
        . Germany                           5 tonnes,
           France                           5 tonnes,
       / Ireland                            5 tonnes,
           Italy                            5 tonnes,
           United Kingdom                570 tonnes.
  2. A The second instalment of 50 tonnes shall consti­
  tute the reserve. ■
                              Article 3
  1.     If 90 % or ftiore 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
  Article 5 is applied, has been used up, that Member
  State shall without delay, by notifying the Commis­
  sion, take a second share equal to 15 % of its initial
  share rounded up to the next unit, in so far as the re­
  serve permits.
  2.     If after its initial share has been exhausted 90 %
  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
  up to the next unit.
  3.     If after its second share has been exhausted
  90 % or more of the third share taken by a Member
 ---pagebreak---  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 1979 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
 this paragraph.                                                                      Article 7
                                                               1.    The Member States shall take all appropriate
                          Article 4
                                                               measures to ensure that when additional shares are
                                                              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 1979 B                                                                                              ίί
                                                              2.     The Member States shall ensure that importers
                                                              of the products in question established in their terri­
                          Article S                           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 1979 the unused portion of their in­         imports originating in Malta entered with customs
itial shares which on 15 April 197') 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                                              4                 t
amount may not be used up.
     0
                                                                                      Article 8
The Member States shall notify the Commission not             At the request of the Commission, Member States
later than 1 May 197 9of the total imports of the             shall inform it of imports actually charged against
products in question effected up to 15 April 1979 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         ^ he S arr.e
 it receives the notifications.                               day__as .Counci L Regulation ( EEC) No
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                    For the Council
                                                                                     The President