31977R1693

No L 188 / 12 28 . 7. 77 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1693/77 of 25 July 1977 extending the term of validity of the arrangements applicable to trade with Malta beyond the date of expiry of the first stage of the Association Agreement

THE COUNCIL OF THE EUROPEAN Article 2 COMMUNITIES , For the products covered by Article 59 ( l)(b) of the Having regard to the Treaty establishing the European Act of Accession (6), Article 4 of the Protocol laying Economic Community, and in particular Articles 43 down certain provisions relating to the Agreement and 1 1 3 thereof, establishing an association between the European Economic Community and Malta shall remain appli­ Having regard to the proposal from the Commission, cable until 31 December 1977 . Having regard to the opinion of the European Parlia­ ment ( 1 ), Article 3 Whereas the provisions governing the first stage of the Agreement establishing an association between the European Economic Community and Malta (2), 1 . Until the date of entry into force of the Addi­ including the Protocol laying down certain provisions tional Protocol or until 31 December 1977, whichever relating to the Agreement establishing an association is the sooner, the Common Customs Tariff duties in between the European Economic Community and respect of the products originating in Malta indicated Malta (3), which were extended by the Agreement of below shall be totally suspended within the limits of a 26 February 1976 (4), expire on 30 June 1977 ; global Community tariff quota of 375 tonnes :

Whereas an Additional Protocol to the Association CCT Agreement has been negotiated ; heading Description of goods No Whereas, pending the entry into force of that Protocol, the arrangements which the Community 16.02 Other prepared or preserved meat or meat applies to trade with Malta under the association with offal : that country should be extended, in the light of the B. Other : outcome of the negotiation of the aforesaid Protocol, III . Other : so as to avoid the sudden disruption of certain tradi­ tional trade patterns, b) Other : 1 . Containing bovine meat or offal : bb) Other HAS ADOPTED THIS REGULATION :

Article 1 2. By way of derogation from the special provisions The trade arrangements provided for in the Agree­ contained in Annex II to the 'origin' Protocol for ment establishing an association between the Euro­ heading No 16.02, which provides that the non-origi­ pean Economic Community and Malta, including the nating products of Chapter 2 may not be used, tinned Protocol laying down certain provisions to that Agree­ stewed steak manufactured in Malta shall be regarded ment, except for Articles 4, 9 ( 1 ) and 11 of the said as a product originating in Malta, where this condition Protocol and in Decision No 1 /76 of the EEC-Malta is not observed, provided that the other conditions Association Council of 29 June 1976 derogating from applicable to this heading are observed. the concept of 'originating products' for reception apparatus falling within heading No 85.15 of the Brus­ The following entry must be made in Section 7 of sels tariff nomenclature (5), shall remain applicable in movement certificates EUR.l , issued in respect of orig­ the Community beyond 30 June 1977. inating products pursuant to the derogation referred to in this paragraph : (') Opinion delivered on 8 July 1977 (not yet published in the Official Journal). (2) OJ No L 61 , 14. 3 . 1971 , p. 2. 'Derogation stewed steak.' (3 ) OJ No L 111 , 28 . 4. 1976, p. 3 . (<) OJ No L 81 , 27. 3 . 1976, p. 2. (5) OJ No L 185, 9 . 7. 1976, p. 5. (<•) OJ No L 73, 27. 3 . 1972, p. 14.

28 . 7 . 77 Official Journal of the European Communities No L 188 / 13

Article4¶

1 . A first instalment of 350 tonnes of the Commu­ The Member States shall return to the reserve, not nity tariff quota referred to in Article 3 shall be allo­ later than 1 November 1977, the unused portion of cated among the Member States ; the respective shares their initial share which, on 15 October 1977, is in which , subject to Article 7, shall be valid until the end excess of 20 % of the initial amount. They may return of the period specified in Article 3 ( 1 ) shall be as a larger quantity if there are reasons to believe that follows : this quantity may not be used.

tonnes Member States shall, not later than 1 November 1977, notify the Commission of the total quantities of the Benelux 2 said goods imported up to and including 15 October Denmark 2 1977 and charged against the Community tariff quota France 2 and any quantities of the initial shares returned to the Germany 2 reserve . Ireland 2 Italy 2 338 Article 8 United Kingdom

2. The second instalment of 25 tonnes shall be The Commission shall keep an account of the shares held as the Community reserve. opened by the Member States pursuant to Articles 4 and 5 and shall, as soon as it has been notified, inform each State of the extent to which the reserve has been Article 5 used up .

1 . If 90 % or more of a Member State's initial share It shall inform the Member States, not later than 5 November 1977, of the amount still in reserve after as specified in Article 4 ( 1 ), or of that share minus the portion returned to the reserve where Article 7 is amounts have been returned thereto pursuant to Article 7 . applied, has been used up, that Member State shall without delay, by notifying the Commission, draw a It shall ensure that the drawing which uses up the second share equal to 1 5 % of its initial share, reserve is limited to the balance available and to this rounded up where necessary to the next unit, to the end shall specify the amount thereof to the Member extent permitted by the amount of the reserve . State making the last drawing. 2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member State Article 9 has been used up, that Member State shall, in accor­ dance with the conditions imposed by paragraph 1 , 1 . Member States shall take all measures necessary draw a third share equal to 7-5 % of its initial share, to ensure that supplementary shares drawn pursuant rounded up where necessary to the next unit. to Article 5 are opened in such a way that imports may be charged without interrruption against their 3. If, after its second share has been used up, 90 % accumulated shares in the Community tariff quota. or more of the third share drawn by a Member State has been used up, that Member State shall , in accor­ 2. The Member States shall ensure that importers dance with the same conditions, draw a fourth share of the said goods established in their territory have equal to the third. free access to the shares allocated to them .

This process shall continue to apply until the reserve 3. The extent to which a Member State has used up its share shall be determined on the basis of the is used up . imports from Malta entered for home use . 4. By way of derogation from paragraphs 1 to 3, a Member State may draw shares smaller than those Article 10 fixed in those paragraphs if there are grounds for believing that those fixed may not be used up. It shall At the request of the Commission , Member States inform the Commission of its reasons for applying shall inform it of imports actually charged against this paragraph . their shares .

Article6¶

Supplementary shares drawn pursuant to Article 5 The Member States and the Commission shall coop­ shall be valid until the end of the period specified in erate closely in order to ensure that Articles 3 to 10 are observed . Article 3 ( 1 ).

No L 188 / 14 28 . 7 . 77 Official Journal of the European Communities

Article 12 originating in Malta, where this condition is not observed, provided that the other conditions appli­ 1 . The following products originating in Malta shall cable to this heading are observed. be exempted from the fixed component of the tax imposed on these products on importation into the The following entry must be made in Section 7 of Community : movement certificates EUR.1 , issued in respect of orig­ inating products pursuant to the derogation referred to CCT in this paragraph : heading Description No 'Derogation IFT.'

2. By way of derogation from the special provisions 18.06 Chocolate and other food preparations contained in Annex II to the 'origin' Protocol for containing cocoa heading No 92.11 , which provides that non-origi­ nating transistors may not represent more than 3 % of the value of the finished product, tape recorders 2. By way of derogation from the special provisions manufactured in Malta shall be regarded as products contained in Annex II to the 'origin' Protocol for originating in Malta if the value of the non-origi­ heading No 18.06, which provides that non-origi­ nating transistor does not exceed 5 % of the value of nating products of Chapter 17 may not represent the finished product, provided that the other condi­ more than 30 % of the value of the finished products, tions applicable to this heading are observed. chocolates manufactured in Malta shall be regarded as products originating in Malta, where this condition is The following entry must be made in Section 7 of not observed, provided that the other conditions appli­ movement certificates EUR.1 , issued in respect of orig­ cable to this heading are observed. inating products pursuant to the derogation referred to in this paragraph : The following entry must be made in Section 7 of movement certificates EUR.1 , issued in respect of orig­ 'Derogation tape recorders.' inating products pursuant to the derogation referred to in this paragraph : Article 14 'Derogation chocolates.' This Regulation shall enter into force on the day following its publication in the Official Journal of Article 13 the European Communities. 1 . By way of derogation from the special provisions It shall apply from 1 July 1977. contained in Annex II to the 'origin' Protocol for heading No 85.15, which provides that at least 50 % The provisions of this Regulation shall remain appli­ in value of the materials and parts used must be origi­ cable until the entry into force of the Additional nating products, intermediate-frequency transformers Protocol or until 31 December 1977, whichever is the sooner . manufactured in Malta shall be regarded as products

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

Done at Brussels, 25 July 1977.

For the Council

The President

H. SIMONET