31975R3203

9 . 12 . 75 No L 318 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 3203/75 OF THE COUNCIL of 3 December 1975 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 1976)

THE COUNCIL OF THE EUROPEAN equivalent preferential margin for these products also, COMMUNITIES, reduced customs duties should be applied to them in accordance with the detailed rules based on the prin­ Having regard to the Treaty establishing the European ciple of maintaining in the new Member States a pref­ Economic Community, and in particular Articles 43 erence proportional to that which exists between the and 113 thereof ; duties of the Common Customs Tariff and the duties Having regard to Council Regulation (EEC) No given in Annex A to this Regulation ; whereas, with a 1059/69 (') of 28 May 1969 laying down the trade view to granting Malta the best possible treatment, in arrangements applicable to certain goods resulting accordance with the objectives of the preference from the processing of agricultural products, as last scheme, the duties given in Annex A should also be amended by Regulation (EEC) No 1491 /73 (2), and in applied wherever the duties calculated according to particular Article 1 2 thereof ; the abovementioned detailed rules prove to be higher than them , Having regard to the proposal from the Commission ; Having regard to the Opinion of the European Parlia­ ment (3 ) ; HAS ADOPTED THIS REGULATION : Whereas, under Annex I to the Agreement (4) esta­ blishing an Association between the European Economic Community and Malta, the Community Article 1 must partially suspend the Common Customs Tariff duties; applicable to certain products ; whereas it also 1 . From 1 January until 31 December 1976 , the appears necessary provisionally to adjust or to supple­ products originating in Malta listed in Annex A shall ment certain of the tariff benefits provided for in the be admitted for import into the Community as origi­ abovementioned Annex ; whereas, accordingly, the nally constituted at the customs duties indicated for Community should, in respect of the products origi­ each of them . nating in Malta listed in Annex A to this Regulation , suspend either the fixed component of the levy appli­ On importation into Denmark , Ireland and the cable to goods coming under Regulation (EEC) No 1059/69 or the customs duty applicable to the other United Kingdom , there shall be applied to the above­ products from 1 January to 31 December 1976 and at mentioned products the customs duties determined by the levels indicated for each of them ; multiplying, by a coefficient equal to the margin of preferences existing between the duties given in Whereas, for certain products of Chapters 1 to 24 of Annex A and the Common Customs Tariff duties the Common Customs Tariff, this scheme would , applicable, the duties obtained by reducing the differ­ however, involve the application in the new Member ence between the lowest duty applied on 1 January States in 1976 of customs duties higher than or very 1972 to the developing countries and the Common close to those applied by the new Member States to Customs Tariff, by 60 % in respect of the products non-member countries in general on the basis of the mentioned in Annex B, and by 80 % in respect of the Act of Accession ; whereas, in order to maintain an other products given in Annex A. (') OJ No L 141 , 12. 6 . 1969 , p. 1 . However, the duties given in Annex A shall be (2 ) OJ No L 151 , 7 . 6. 1973 , p. 1 . (3 ) OJ No C 280 , 8 . 12. 1975, p. 68. applied where the duties resulting from the abovemen­ (4) OJ No L 61 , 14. 3 . 1971 , p. 3 . tioned calculation are higher than them .

No L 318 / 2 9 . 12 . 75 Official Journal of the European Communities

2. For the purposes of the application of this Regu­ from serious disadvantage, the Common Customs lation, the rules of origin shall be those in force at the Tariff duties may be reintroduced in whole or in part time as regards the implementation of the Agreement on the products in question . Such measures may also establishing an association between the European be taken in the event of actual or potential serious Economic Community and Malta . disadvantage in a single region of the Community. However, Article 1 (2) (b), last sentence, of the Article 3 Protocol relating to the definition of the concept of 'originating' products and to methods of administra­ 1 . In order to ensure the application of Article 2, tive cooperation, shall not apply in the case of the Commission may decide, by means of a Regula­ products obtained in Malta from : tion, to reintroduce the levying of customs duties for a limited period. — products originating in one or more Member States of the Community as originally constituted 2. In the event of such action being requested by a and exported to one or more new Member States, Member State, the Commission shall take a decision or within a period of not more than 10 working days — products originating in one or more new Member from receipt of the request and shall inform the States and exported to one or more Member States Member States of the action taken . of the Community as originally constituted, 3 . Any Member State may refer to the Council the provided that the products referred to in the two measure taken by the Commission, within a period of indents above have undergone only the insufficient not more than 10 working days after it has been informed thereof. The fact that the matter is referred working or processing listed in items 1 to 6 of List A annexed to the abovementioned Protocol . to the Council shall not cause the measure to be suspended. The Council shall meet immediately. It Article 2 may, acting on a qualified majority, amend or rescind the measure in question . When products benefiting from the arrangements provided for in Article 1 are imported in the Commu­ Article 4 nity in such quantities or at such prices that Commu­ nity producers of products similar to or in direct This Regulation shall enter into force on 1 January 1976 . competition with them suffer, or are likely to suffer

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

Done at Brussels, 3 December 1975 . For the Council The President F. FABBRI

9. 12. 75 Official Journal of the European Communities No L 318/3

ANNEX A

CCT heading Description Rate of duty No

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 : Free b) Other

02.04 Other meat and edible meat offals, fresh, chilled or fro­ zen : Free ex B. Furred game, frozen

03.01 Fresh fish (alive or dead), chilled or frozen :

B. Saltwater fish : I. Whole, headless or in pieces : ex q) Other : Free — Aquarium fish

04.06 26 % Natural honey

05.03 Horsehair and horsehair waste, whether or not put up as a layer or between two layers of other material : Free B. Other

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 : 9 % — Game — Rabbit 14 %

III . Other : b) Other : ex 1 . Containing bovine meat or offal : — Prepared or preserved bovine tongue 17 %

2. Other : aa) Ovine meat or offal 18% bb) Other 16%

No L 318/4 Official Journal of the European Communities 9 . 12. 75

CCT heading Description Rate of duty No

1 2 3

20.02 Vegetables prepared or preserved otherwise than by vinegar or acetic acid : E. Sauerkraut 16 % ex F. Capers 12 %

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 : — Fruit falling within heading No 08.01 , ex­ cluding pineapples 19 % — Fruit falling within heading No 08.09 , ex­ cluding melons and water-melons 19% b) Of a value not exceeding 30 u.a. per 100 kg net weight : ex 1 . With an added sugar content excee­ ding 30 % by weight : l

— Fruit falling within heading No 08.01', excluding pineapples 19 % + (L) — Fruit falling within heading No 08.09, excluding melons and water­ melons 19 % + (L) ex 2. Other : — Fruit falling within heading No 19 % 08.01 , excluding pineapples — Fruit falling within heading No 08.09, excluding melons and water­ melons 19 %

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 : 9.5 % 2. Grapefruit juice ex 3 . Other citrus fruit juices : 14 % aa) Containing added sugar 15 % bb) Other ex 6. Other fruit and vegetable juices, exclu­ ding apricot and peach juices : 17 % aa) Containing added sugar 18 % bb) Other 7 . Mixtures : ex bb) Other, excluding mixtures con­ taining separately or together, over 25 % of grape, citrus fruit, pineapple, apple, pear, tomato, apricot or peach juice : 17 % 11 . Containing added sugar 22 . Other 18 %

9 . 12 . 75 No L 318/5 Official Journal of the European Communities

CCT heading Description Rate of duty No

1 2 3 j I

20.07 b) Of a value of 30 u.a . or less per 100 kg net (cont'd) weight : 2 . Grapefruit juice : aa ) With an added sugar content excee­ ding 30 °/o by weight 9 % + ( L) bb) Other 9% 4. Other citrus fruit juices : l aa) With an added sugar content excee­ ding 30 °/o by weight 14 % ( L) bb ) With an added sugar content of 30 % or less by weight 14 % cc) Not containing added sugar 15 % ex 7 . Other fruit and vegetable juices, excluding apricots and peaches : I

aa) With an added sugar content excee­ ding 30 % by weight 17 % + ( L) bb ) With an added sugar content of 30 % or less by weight 17 % cc) Not containing added sugar 18 % 8 . Mixtures : l ex bb ) Other, excluding mixtures con­ taining either separately or to­ gether, over 25 % of grape, citrus fruit, pineapple, apple, pear, to­ mato, apricot or peach juice : 11 . With an added sugar con­ tent 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 baking powders : A. Active natural yeast : II . Bakers' yeast : a) Dried 5 % +- vc b) Other 5 % + vc

23.01 Flours and meal, of meat, offals, fish, crustaceans or molluscs, unfit for human consumption ; greaves : B. Flours and meals of fish , crustaceans or molluscs Free

No L 318/6 9. 12. 75 Official Journal of the European Communities

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 60 '/«, in accordance with Article 1

CCT heading Description No

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 con­ taining 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 : — Fruit falling within heading No 08.01 , excluding pineapple — Fruit falling within heading No 08.09, excluding melons and water-melons 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 : — Fruit falling within heading No 08.01 , ex­ cluding pineapples — Fruit falling within heading No 08.09, ex­ cluding melons and water-melons ex 2. Other : — Fruit falling within heading No 08.01 , ex­ cluding pineapples — Fruit falling within heading No 08.09, ex­ cluding melons and water-melons

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 (a ) From 1 April 1976 this heading will be deleted from this Annex .

9. 12. 75 Official Journal of the European Communities No L 318/7

CCT heading Description No

20.07 ex 3 . Other citrus fruit juices : (cont'd) aa) Containing added sugar bb) Other

ex 6. Other fruit and vegetable juices, excluding apri­ cot and peach juices : aa) Containing added sugar bb) Other

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 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 °/o or less by weight cc) Not containing added sugar

ex 7. Other fruit and vegetable juices, excluding apricots and peaches : 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

8 . Mixtures :

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 . 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