31977R2825

No L 331 /46 Official Journal of the European Communities 23 . 12 . 77

COUNCIL REGULATION ( EEC ) No 2825 /77 of 28 November 1977

opening, allocating and providing for the administration of a Community tariff quota for certain prepared or preserved bovine meat falling within heading No ex 16.02 of the Common Customs Tariff, originating in Malta ( 1978)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , ber States until the quota has been used up ; whereas having regard to the principles mentioned above the Community nature of the quota might be respected Having regard to the Treaty establishing the Euro­ by means of a system of use of the Community tariff pean Economic Community, and in particular quota based on allocation among the Member States ; Articles 43 and 113 thereof, whereas to represent as closely as possible the actual state of the market in the products in question, allo­ cation should be proportionate to the requirements Having regard to the proposal from the Commission , of the Member States as calculated from both statis­ tics on imports from Malta during a representative Having regard to the opinion of the European Parlia­ reference period and the economic outlook for the ment (*), tariff period in question ;

Whereas Article 7 of the Additional Protocol to the Agreement between the European Economic Com­ Whereas the Community statistics available provide munity and Malta (2 ) lays down that the Community no information on the situation of the products in is to open a Community tariff quota of 650 tonnes question on Member States' markets ; whereas how­ free of customs duties for certain prepared and pre­ ever it may be taken that those products are market­ served bovine meat known as stewed steak falling within subheading ex 16.02 B III b ) 1 bb ) of the ed almost exclusively in one Member State ; whereas Common Customs Tariff ; whereas the tariff prefer­ consequently, to ensure a fair allocation of the quota volume among the Member States, each Member ence in question is to apply from the date of entry into force of that Protocol until 30 June 1978 ; where­ State should take a significant part of the quota as Article 10 of the Protocol also provides for a dero­ volume, making due allowance for the situation referred to above ; gation from the rules of origin laid down in the Pro­ tocol concerning the definition of the concept of 'ori­ ginating products ' and methods of administrative cooperation annexed to the Protocol laying down Whereas , to take account of the development of im­ certain provisions relating to the Agreement estab­ ports into the various Member States of the products lishing an association between the European Econ­ concerned, the quota volume should be divided into omic Community and Malta (3); whereas by Regu­ two instalments, the first being shared among the lation (EEC) No 1693 /77 (4) the Community has Member States and the second held as a reserve to already opened a tariff quota of 375 tonnes for the cover the subsequent requirements of those Member period up to 31 December 1977 ; whereas conse­ States which have used up their initial share ; whereas quently a Community tariff quota of 275 tonnes should be opened for the first six months of 1978 ; to give each Member State's importers some degree of certainty, the first instalment of the Community quota might be fixed at approximately 90 % of the Whereas it is in particular necessary to ensure equal quota volume ; and uninterrupted access to the abovementioned quota for all Community importers and uninterrupted application of the rates laid down for that quota to all imports of the products concerned into all Mem­ Whereas the initial shares of Member States may be used up at varying speeds ; whereas accordingly to avoid any discontinuity any Member State which has almost used up its initial share must take an ad­ ditional share from the reserve ; whereas this must be i 1 ) Opinion delivered on 18 November 1977 ( not yet published in the Official Journal ). done by each Member State as each one of its ad­ (2) OJ No L 304, 29 . 11 . 1977, p. 2 . ditional shares is almost used up and as many times (3) OJ No L 111 , 28 . 4 . 1976, p. 3 . as the reserve allows ; whereas the initial and ad­ (4) OJ No L 188 , 28 . 7. 1977, p. 12 . ditional shares must apply until the end of the quota

23 . 12 . 77 Official Journal of the European Communities No L 331 /47

period ; whereas this form of administration requires ed as a product originating in Malta where this con­ close collaboration between the Member States and dition is not observed, provided that the other condi­ the Commission and the Commission must be able tions applicable to that heading are observed. to monitor the extent to which the quota volume has been used up and inform the Member States thereof; The following entry must be made in Section 7 of movement certificates EUR. 1 issued in respect of Whereas if at a given date in the quota period a con­ originating products pursuant to the derogation siderable quantity of the initial share is left over in a referred to in this paragraph : Member State it is essential that the Member State concerned should return a significant proportion to 'Derogation stewed steak'. the reserve to prevent a part of the Community quota from remaining unused in one Member State while it could be used in others ; Article 2

Whereas since the Kingdom of Belgium, the Kingdom 1 . A first instalment of 250 tonnes of the Com­ of the Netherlands and the Grand Duchy of Luxem­ munity tariff quota referred to in Article 1 shall be al­ bourg are united in and represented by the Benelux located among the Member States ; the respective Economic Union any measure concerning the admin­ shares which subject to Article 5 shall be valid until istration of the quota shares allocated to that eco­ 30 June 1978 shall be as follows : nomic union may be carried out by any one of its members , Benelux 2 tonnes ,

Denmark 2 tonnes,

Germany 2 tonnes, HAS ADOPTED THIS REGULATION : France 2 tonnes, Ireland 2 tonnes, Article 1 Italy 2 tonnes, United Kingdom 238 tonnes . 1 . From 1 January until 30 June 1978 the Com­ mon Customs Tariff duty on the products indicated 2. The second instalment of 25 tonnes shall consti­ below, originating in Malta, shall be totally sus­ tute the reserve . pended in respect of a Community tariff quota of 275 tonnes :

Article 3 CCT heading Description No 1 . If 90 % or more of the initial share of a Mem­ ber State, as laid down in Article 2 ( 1 ), or of that share less the amount returned to the reserve if 16.02 Other prepared or preserved meat or Article 5 is applied, has been used up, that Member meat offal : State shall without delay, by notifying the Commis­ B. Other : sion, take a second share equal to 15 % of its initial III . Other : share rounded up to the next unit, in so far as the re­ serve permits . b) Other : 1 . Containing bovine meat or offal : 2. If after its initial share has been exhausted 90 % bb) Other or more of the second share taken by a Member State has been used, that Member State shall in accordance with the conditions laid down in paragraph 1 take a third share equal to 7-5 % of its initial share rounded 2. Notwithstanding the special provisions con­ up to the next unit. tained in Annex II to the Protocol on origin for head­ ing No 16.02, which provides that non-originating products of Chapter 2 may not be used, tinned 3 . If after its second share has been exhausted stewed steak manufactured in Malta shall be regard­ 90 % or more of the third share taken by a Member

No L 331 /48 Official Journal of the European Communities 23 . 12 . 77

State has been used, that Member State shall, in the The Commission shall notify Member States not later same way, take a fourth share equal to the third. than 5 May 1978 of the amount in the reserve after the return of shares pursuant to Article 5 . This process shall be applied until the reserve is ex­ hausted . The Commission shall ensure that any share taken which uses up the reserve is limited to the balance 4. Notwithstanding paragraphs 1 , 2 and 3 , the available and, for this purpose, shall specify the amount thereof to the Member State which takes the Member States may take shares smaller than those fixed in those paragraphs if there is reason to believe last share. that they might not be used up . They shall inform the Commission of the reasons which led them to apply Article 7 this paragraph.

1 . The Member States shall take all appropriate measures to ensure that when additional shares are Article 4 taken out pursuant to Article 3 it is possible for quantities to be charged, without interruption against Additional shares taken pursuant to Article 3 shall their accumulated shares of the Community quota. apply until 30 June 1978 . 2. The Member States shall ensure that importers of the products in question established in their terri­ Article 5 tory have free access to the shares allocated to them.

3 . The extent to which a Member State has used The Member States shall return to the reserve not up its share shall be determined on the basis of the later than 1 May 1978 the unused portion of their in­ imports originating in Malta entered with customs itial shares which on 15 April 1978 is in excess of authorities for home use . 20 % of the initial amount. They may return a great­ er amount if there are grounds for believing that ampunt may not be used up. Article 8

The Member States shall notify the Commission not At the request of the Commission, Member States later than 1 May 1978 of the total imports of the shall inform it of imports actually charged against their shares . products in question effected up to 15 April 1978 in­ clusive and charged against the Community quota and of any portion of their initial shares which they Article 9 are returning to the reserve .

The Member States and the Commission shall cooperate closely in order to ensure that this Regula­ Article 6 tion is observed .

The Commission shall keep account of the quota Article 10 shares opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon as This Regulation shall enter into force on 1 January it receives the notifications . 1978 .

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 28 November 1977 . For the Council The President

L. OUTERS