31974R3296

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 and the duties given in Annex A to this Regulation ; pean Economic Community, and in particular 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 ;

Article 1 Having regard to the Opinion of the European Parliament ;

Whereas, under Annex I to the Agreement (3) estab­ 1 . From 1 January until 31 December 1975 , the products originating in Malta listed in Annex A shall lishing an Association between the European Eco­ nomic Community and Malta, the Community must be admitted for import into the Community as originally constituted at the customs duties indicated partially suspend the Common Customs Tariff duties for each of them . applicable to certain products ; whereas it also 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 . Agreement establishing an Association between the (2) OJ No L 151 , 7. 6. 1973 , p. 1 . (3 ) OJ No L 61 , 14. 3 . 1971 , p. 3 . European Economic Community and Malta .

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 2 . In the event of such action being requested by a the aforesaid Agreement. 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

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 : 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 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%

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 , 21% 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 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) 10% bb) Other 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 14% less by weight 15% cc) Not containing added sugar

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

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.

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