31974R0556

No L 67/2 Official Journal of the European Communities 9 . 3 . 74

REGULATION ( EEC) No 556/ 74 OF THE COUNCIL of 4 March 1974 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

THE COUNCIL OF THE EUROPEAN applied wherever the duties calculated according to COMMUNITIES, the abovementioned detailed rules prove to be higher than them, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 113 thereof ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1059/69 (^ of 28 May 1969 laying down the trade arrangements applicable to certain goods resulting Article 1 from the processing of agricultural products, as last amended by Regulation (EEC) No 1491 /73 (2), and in 1 . Until 31 December 1974, the products origi­ particular Article 1 2 thereof ; nating in Malta listed in Annex A shall be admitted for import into the Community as originally consti­ Having regard to the proposal from the Commission ; tuted at the customs duties indicated for each of them . Having regard to the Opinion of the European Parlia­ ment ; On importation into Denmark , Ireland and the United Kingdom, there shall be applied to the above­ Whereas, under Annex I to the Agreement (3) esta­ mentioned products the customs duties determined by blishing an Association between the European multiplying, by a coefficient equal to the margin of Economic Community and Malta, the Community preferences existing between the duties given in must partially suspend the Common Customs Tariff Annex A and the Common Customs Tariff duties duties applicable to certain products ; whereas it also applicable, the duties obtained by reducing the differ­ appears necessary provisionally to adjust or to supple­ ence between the lowest duty applied on 1 January ment certain of the tariff benefits provided for in the 1972 to the developing countries and the Common abovementioned Annex ; whereas, accordingly, the Customs Tariff, by 20% in respect of the products Community should, in respect of the products origi­ mentioned in Annex B, and by 40 % in respect of the nating in Malta listed in Annex A to this Regulation, other products given in Annex A. suspend either the fixed component of the levy appli­ cable to goods coming under Regulation (EEC) No However, the duties given in Annex A shall be 1059/69 or the customs duty applicable to the other applied where the duties resulting from the abovemen­ products for the period until 31 December 1974 and tioned calculation are higher than them . at the levels indicated for each of them ; 2. For the purposes of the application of this Regu­ Whereas, for certain products of Chapters 1 to 24 of the Common Customs Tariff, this scheme would, lation , the rules of origin shall be those in force at the time as regards the implementation of the Agreement however, involve the application in the new Member establishing an Association between the European States in 1974 of customs duties higher than or very Economic Community and Malta. close to those applied by the new Member States to non-member countries in general on the basis of the The rule whereby the condition requiring sufficient Act of Accession ; whereas , in order to maintain an processing is waived in respect of products originating equivalent preferential margin for these products also, in the Community as originally constituted shall not, reduced customs duties should be applied to them in however, apply in the case of the abovementioned accordance with the detailed rules based on the prin­ products when they undergo in Malta only insufficient ciple of maintaining in the new Member States a pref­ working or processing as defined in items 1 to 6 of erence proportional to that which exists between the duties of the Common Customs Tariff and the duties list A annexed to the Protocol to the aforesaid Agree­ ment . given in Annex A to this Regulation ; whereas, with a view to granting Malta the best possible treatment, in accordance with the objectives of the preference Article 2 scheme, the duties given in Annex A should also be When products benefiting from the arrangements (>) OJ No L 141 , 12. 6 . 1969 , p . 1 . (2) OJ No L 151 , 7 . 6. 1973 , p . 1 . provided for in Article 1 are imported in the Commu­ h) OJ No L 61 , 14. 3. 1971 , p. 3. nity in such quantities or at such prices that Commu­

9 . 3 . 74 Official Journal of the European Communities No L 67/3

nity producers of products similar to or in direct 3 . Any Member State may refer to the Council the competition with them suffer or are likely to suffer measure taken by the Commission, within a period of from serious disadvantage, the Common Customs not more than 10 working days after it has been Tariff duties may be reintroduced in whole or in part informed thereof. The fact that the matter is referred on the products in question . Such measures may also to the Council shall not cause the measure to be be taken in the event of actual or potential serious suspended. The Council shall meet immediately. It disadvantage in a single region of the Community. may, acting on a qualified majority, amend or rescind the measure in question . Article 3 1 . In order to ensure the application of Article 2, Article 4 the Commission may decide, by means of a Regula­ tion, to reintroduce the levying of customs duties for a limited period. The suspension of customs duties laid down in this Regulation shall be introduced for 1974. 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 This Regulation shall enter into force on the thirtieth from receipt of the request and shall inform the day following its publication in the Official Journal Member States of the action taken . of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 4 March 1974. For the Council The President W. SCHEEL

No L 67/4 Official Journal of the European Communities 9 . 3 . 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, 0Ί.Ο3 , or 01.04 fresh, chilled or frozen : A. Meat : III . Of swine : b) Other Free

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 °/o B. Other : II . Game or rabbit meat or offal : — Game 12 °/o — Rabbit 14 % III . Other : b) Other : ex 1 . Containing bovine meat or offal : — Prepared or preserved bovine tongue 18 °/o 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 16%

20.07 Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but urofermented 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 25 %

9. 3 . 74 Official Journal of the European Communities No L 67/5

CCT heading No Description Rate of duty

1 2 3

20.07 b ) Of a value not exceeding 30 u.a . per 100 kg net weight : (cont'd) ex 1 . With an added sugar content exceeding 30% by weight : — Fruits falling within heading No 08.01 , excluding pine­ apples 25 % + (L) ex 2 . Other : — Fruits falling within heading No 08.01 , excluding pine­ apples 25 %

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 12% ex 3 . Other citrus fruit juices : aa ) Containing added sugar 14% 15 %

ex 6. Other fruit and vegetable juices, excluding apricot and peach juices : aa) Containing added sugar 17% 18%

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 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 .... 12 % + ( L) bb ) Other - 12%

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 %

7. Other fruit and vegetable juices : 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%

No L 67/6 Official Journal of the European Communities 9 . 3 . 74

CCT heading No Description Rate of duty

1 2 3

20.07 8 . Mixtures : (cont'd) ex bb ) Other, exoluding 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°/o by weight 17 °/o + ( 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 7 % + vc b) Other 7 % + 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

9 . 3 . 74 Official Journal of the European Communities No L 67/7

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 #/o, in accordance with Article 1

CCT heading No Description

16.02 ( a) Other prepared oir .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 , ex­ cluding pineapples ex 2 . Others : — Fruits falling within heading No 08.01 , ex­ cluding 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 1974 , this heading will be deleted from this Annex .

No L 67/ 8 Official Journal of the European Communities 9 . 3 . 74

CCT heading No Description

20.07 7. Mixtures : (cont'd) ex bb) Other, excluding mixtures containing either separately or together, over 25 °/o of grape, citrus fruit, ¡pineapple, apple, ¡pear, tomato, apricot or peach juiioe : 11 . Containing added sugar 22 . Other b ) Of a value of 30 u.a . or less per 100 kg net weight : 2 . Grapefruit juiice : 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) Wiith an added sugar content exceeding 30% /by weight, excluding apricots and peaches ex bb) With and added isugar content of 30 % or less by weight, excluding aipriicots 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, ci­ trus 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