31976R3046
No L 350/66 Official Journal of the European Communities 20. 12. 76
COUNCIL REGULATION (EEC) No 3046/76 of 9 December 1976 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 1977
THE COUNCIL OF THE EUROPEAN COMMUNITIES, however, involve the application in the new Member States of customs duties higher than — or very close to — those applied by the new Member States to non-member countries in general on the basis Having regard to the Treaty establishing the of the Act of Accession ; whereas, in order to maintain European Economic Community, and in particular Articles 43 and 113 thereof, an equivalent preferential margin for these products also, reduced customs duties should be applied to them in accordance with the detailed rules based on Having regard to Council Regulation (EEC) No the principle of maintaining in the new Member 1059/69 of 28 May 1969 laying down the trade States a preference proportional to that which exists arrangements applicable to certain goods resulting between the (duties of the Common Customs Tariff from the processing oif agricultural products (I ), as and the duties given in Annex A to this Regulation ; last amended by Regulation (EEC) No 3058/75 (2), whereas, with a view to granting Malta the best and in particular Article 12 thereof, possible treatment, in accordance with the objectives of the preference scheme, the duties, given in Annex A should also be applied wherever the duties calculated Having regard to the proposal from the Commission, according to the abovementioned detailed rules prove to !be higher than diem, Having regard to the opinion of the European Parliament (3),
Whereas, under Annex I to tihe Agreement HAS ADOPTED THIS REGULATION : estiaiblisbing an association between the European Economic Community and Malta (4), the Community must partially suspend the Common Customs Tariff duties applicable to certain products ; whereas it also appears necessary provisionally to adjust or to Article 1 supplement certain of the tariff benefits provided for in the abovementioned Annex; whereas, accordingly, the Community should, in respect of 1 . From 1 January until 31 December 1977, the the products originating in Malta listed in Annex A products originating in Malta listed in Annex A shall to this Regulation, suspend either the fixed be admitted for import into the Community as component of the levy 'applicable to goods coming originally constituted at the customs duties indicated under Regulation (EEC) No 1059/69 or the customs for each of them. duty applicable to the other products from 1 January until 31 December 1977 and at the levels indicated for each of them; On importation into Denmark, Ireland and the United Kingdom, there shall be applied to the abovementioned products the customs duties Whereas, for certain products of Chapters 1 to 24 determined by multiplying, by a coefficient equal to of the Common Customs Tariff, flhis scheme would, the margin of preferences existing between the duties given in Annex A and the Common Customs Tariff duties applicable, the duties obtained by reducing (*) OJ No L 141, 12. 6. 1969, p. 1 . the difference between the lowest duty applied on (l) OJ No L 306, 25. 11 . 1975, p. 3 . 1 January 1972 to the developing countries, and the (») OJ No C 259, 4. 11 . 1976, p. 37. Common Customs Tariff by 80% in respect of the (4) OJ No L 61 , 14. 3. 1971, p. 3. products mentioned in Annex B in 1977, and by
20. 12. 76 Official Journal of the European Communities No L 350/67
80% in respect of the other products given in Annex or potential serious disadvantage in a single region A from 1 January to 30 June 1977. of the Community.
However, from 1 January 1977, the duties given in Article 3 Annex A shall be applied where the duties resulting from the afbovementioned calculation are higher than 1 . In order to ensure the application of Article 2, the them. Commission may decide, by means of a Regulation, to reintroduce the levying of customs duties for a From 1 July 1977, the duties given in Annex A shall limited period. be applied to the products not mentioned in Annex B. 2. In the event of such action being requested by a Member State, the Commission shall take a decision 2. For the purposes of the application of this within a period of not more than 10 working days Regulation,the rules of origin shall be those in force from receipt of the request and shall inform the at the time as regards the implementation of the Member States of the action taken. Agreement estalMishing an association between the European Economic Community and Malta. 3. Any Member State may refer to the Council the measure taken by the Commission, within a period of not more than 10 working days after it has been Article 2 informed thereof. The fact that the matter is referred to the Council shall not cause the measure to be When products benefiting from the arrangements suspended. The Council shall meet immediately. It provided for in Article 1 are imported in the Com may, acting on a qualified majority, amend or rescind munity in such quantities or at such prices that the measure in question. Community producers of products similar to or in direct competition with them suffer or are likely to Article 4 suffer from serious disadvantage, the Common Customs Tariff duties may be reintroduced in whole or in part on the products in question. Such This Regulation shall enter into force on measures may also be taken in the event of actual 1 January 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1976.
For the Council The President P. J. J. MERTENS
No L 350/68 Official Journal of the European Communities 20. 12. 76
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 : b) Other Free
02.04 Other meat and edible meat offals, fresh, chilled or frozen : ex A. Of domestic pigeons 7% ex B. Furred game, frozen Free
C. Other : ex I. Frogs' legs Free II. Other Free
04.06 Naturai honey 25%
05.03 Horsehair and horsehair waste, whether or not put up as a layer or between two layers of other material :
B. Other Free
07.01 Vegetables, fresh or chilled :
ex T. Other : — Okra (Hibiscus exculentus L. or Abelmoschus ex culentus (L.) Moench) Free
08.08 Berries, fresh :
F. Other 6%
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%
20. 12. 76 Official Journal of the European Communities No L 350/69
CCT heading Description Rate of duty No
1 2 3
16.02 B. Other : (cont'd) II. Game or rabbit meat or offal : — Game 9% — 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%
20.02 Vegetables prepared or preserved otherwise than by vinegar or acetic acid : B. Truffles 14% D. Asparagus 20%
E. Sauerkraut 16% 12% ex F. Capers
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 Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons 15% 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 Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples melons and watermelons 15% + (L) ex 2. Other : — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons 15%
No L 350/70 Official Journal of the European Communities 20. 12. 76
CCT heading Description Rate of duty No
1 2 3
20.07 B. Of a specific gravity of 1*33 or less at 15 °C : (cont'd) II. Other :
a) Of a value exceeding 30 u.a. per 100 kg net weight : 2. Grapefruit juice 8% ex 3 . Other citrus fruit juices : aa) Containing added sugar 13% bb) Other 13%
6. Other fruit and vegetable juices, excluding apricot and peach juices :
ex aa) Containing added sugar : — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons 10% — Other, excluding apricot and peach juices 17% ex bb) Other : — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons 10% — Other, excluding apricot and peach juices 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 8% + (L) bb) Other 8%
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%
20. 12. 76 Official Journal of the European Communities No L 350/71
CCT heading Description Rate of duty No
1 2 3
20.07 7. Other fruit and vegetable juices, excluding (cont'd) apricots and peaches :
ex aa) With an added sugar content exceeding 30 °/o by weight: — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons 10% + (L) — Other, excluding apricot and peach juices 17% + (L)
ex bb) With an added sugar content of 30% or less by weight: — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and08.09, excluding pineapples, melons and watermelons 10% — Other, excluding apricot and and peach juices 17%
ex cc) Not containing added sugar: - Fruit falling within leading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons 10% — Other, excluding apricot and 18% peach juices
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 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
No 1 350/72 Official Journal of the European Communities 20. 12. 76
CCT heading Description Rate of duty No
1 2 3
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
Abbreviations : (L) = levy, vc = variable component.
20 . 12 . 76 Official Journal of the European Communities No L 350/73
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 in accordance with Article 1
CCT heading Description No
07.01 Vegetables, fresh or chilled : ex T. Other : — Okra (Hibiscus exculentus L. or Abelmoschus exculentus (L.) Monench)
08.08 Berries, fresh :
F. Other
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 : B. Truffles
D. Asparagus E. Sauerkraut ex F. Capers
20.07 Fruit juicesi (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 Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons 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 Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons ex 2. Other : — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons
(a) From the start of the marketing year for beef and veal this heading will be deleted from this Annex.
No L 350/74 Official Journal of the European Communities 20. 12. 76
CCT heading Description No
20.07 B. Of a specific gravity of 1-33 or less at 15 °C : (cont'd) 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
6. Other fruit and vegetable juices, excluding apricot and peach juices : ex aa) Containing added sugar : — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons — Other, excluding apricot and peach juices ex bb) Other : — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons — Other, excluding apricot and peach juices
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 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 ex 7. Other fruit and vegetable juices, excluding apricots and peaches : ex aa) With an added sugar content exceeding 30% by weight : — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons — Other, excluding apricot and peach juices
20. 12. 76 Official Journal of the European Communities No L 350/75
CCT heading Description No
20.07 ex bb) With an added sugar content of 30°/o or less by (cont'd) weight: — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons — Other, excluding apricot and peach juices ex cc) Not containing added sugar: — Fruit falling within heading Nos 08.01 , 08.08 B, E and F and 08.09, excluding pineapples, melons and watermelons — Other, excluding apricot and peach juices
8 . Mixtures : ex bb) Other, excluding mixtures containing either separ ately 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