COUNCIL REGULATION (EC) No 3383/93 of 6 December 1993 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1994)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement establishing an Association between the European Economic Community and Malta (1), as supplemented by the Additional Protocol (2), by the Supplementary Protocol to the Agreement (3) and the Protocol extending the first stage of this Agreement (4) provided, in Article 2 of Annex I, for the total abolition of customs duties in respect of the products to which the Agreement applies; whereas, however, exemption from duties in respect of a number of products is subject to ceilings above which the customs duties applicable to third countries may be re-established;
Whereas, therefore, it is necessary to establish ceilings to be applied in 1994; whereas the application of ceilings requires a surveillance system for imports of these products originating in Malta;
Whereas the decision for the establishment of the said ceilings and for the installation of a surveillance system should be taken by the Community, in the execution of its international obligations, in order to enable the departments of the Commission to be kept aware of the level of imports of the said products;
Whereas, to ensure the efficiency of this surveillance system, Member States are required nevertheless to charge imports of the products in question against the ceilings as and when the products are entered with the customs authorities for free circulation; whereas such administration should provide the possibility of re-establishing customs duties once the said ceilings have been reached at Community level;
Whereas this administrative procedure requires close and particularly rapid cooperation between the Member States and the Commission and the latter must in particular be able to follow the progress of quantities charged against the ceilings and keep the Member States informed; whereas this cooperation has to be particularly close since the Commission must be able to take appropriate measures to re-establish customs tariffs if one of the ceilings is reached,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 1994 imports into the Community of the products listed in the Annex and originating in Malta shall be subject to annual ceilings and Community surveillance.
The description of the products referred to in the first subparagraph, the corresponding CN codes and the ceilings are set out in the Annex.
2. Quantities shall be charged against the ceilings as and when the products are entered with customs authorities for free circulation accompanied by a movement certificate in accordance with the rules contained in the Protocol concerning the definition of the concept of originating products and methods of administrative cooperation annexed to the Protocol laying down certain provisions relating to the Agreement establishing an association between the European Economic Community and Malta (5).
Goods may be charged against the ceilings only if the movement certificate is submitted before the date on which customs duties are re-established.
The extent to which a ceiling is used up shall be determined at Community level on the basis of the imports charged against it in the manner defined in the preceding subparagraphs.
Member States shall inform the Commission of imports charged in accordance with the above procedure at the intervals and within the time limits specified in paragraph 4.
3. As soon as the ceilings are reached, the Commission may adopt a Regulation re-establishing, until the end of the calendar year, the customs duties applicable to third countries.
4. Member States shall send the Commission not later than the 15th day of each month statements of the quantities charged during the preceding month.
Article 2
The Commission, in close cooperation with the Member States, shall take all appropriate measures for the purposes of applying this Regulation.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply as from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 December 1993.