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( 1 ) OJ NO L 141 , 12 . 6 . 1969 , P . 1 .

( 2 ) OJ NO L 306 , 25 . 11 . 1975 , P . 3 .

( 3 ) OJ NO C 261 , 6 . 11 . 1978 , P . 45 .

( 4 ) OJ NO L 61 , 14 . 3 . 1971 , P . 3 .

COUNCIL REGULATION ( EEC ) NO 3145/78

OF 21 DECEMBER 1978

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 ( 1979 )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 113 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1059/69 OF 28 MAY 1969 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3058/75 ( 2 ), AND IN PARTICULAR ARTICLE 12 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ),

WHEREAS , UNDER ANNEX I TO THE AGREEMENT ESTABLISHING 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 SUPPLEMENT CERTAIN OF THE TARIFF BENEFITS PROVIDED FOR IN THE ABOVEMENTIONED ANNEX ; WHEREAS , ACCORDINGLY , THE COMMUNITY SHOULD , IN RESPECT OF THE PRODUCTS ORIGINATING IN MALTA LISTED IN THE ANNEX TO THIS REGULATION , SUSPEND EITHER THE FIXED COMPONENT OF THE LEVY APPLICABLE TO GOODS COMING UNDER REGULATION ( EEC ) NO 1059/69 OR THE CUSTOMS DUTY APPLICABLE TO THE OTHER PRODUCTS FROM 1 JANUARY TO 31 DECEMBER 1979 AND AT THE LEVELS INDICATED FOR EACH OF THEM ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY UNTIL 31 DECEMBER 1979 , THE PRODUCTS ORIGINATING IN MALTA LISTED IN THE ANNEX SHALL BE ADMITTED FOR IMPORT INTO THE COMMUNITY AT THE CUSTOMS DUTIES INDICATED FOR EACH OF THEM .

2 . FOR THE PURPOSES OF THE APPLICATION OF THIS REGULATION , THE RULES OF ORIGIN SHALL BE THOSE IN FORCE AT THE TIME AS REGARDS THE IMPLEMENTATION OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND MALTA .

ARTICLE 2

WHEN PRODUCTS BENEFITING FROM THE ARRANGEMENTS PROVIDED FOR IN ARTICLE 1 ARE IMPORTED IN THE COMMUNITY IN SUCH QUANTITIES OR AT SUCH PRICES THAT COMMUNITY PRODUCERS OF PRODUCTS SIMILAR TO OR IN DIRECT COMPETITION WITH THEM SUFFER OR ARE LIKELY TO SUFFER FROM SERIOUS DISADVANTAGE , THE COMMON CUSTOMS TARIFF DUTIES MAY BE REINTRODUCED IN WHOLE OR IN PART ON THE PRODUCTS IN QUESTION . SUCH MEASURES MAY ALSO BE TAKEN IN THE EVENT OF ACTUAL OR POTENTIAL SERIOUS DISADVANTAGE IN A SINGLE REGION OF THE COMMUNITY .

ARTICLE 3

1 . IN ORDER TO ENSURE THE APPLICATION OF ARTICLE 2 , THE COMMISSION MAY DECIDE , BY MEANS OF A REGULATION , TO REINTRODUCE THE LEVYING OF CUSTOMS DUTIES FOR A LIMITED PERIOD .

2 . IN THE EVENT OF SUCH ACTION BEING REQUESTED BY A MEMBER STATE , THE COMMISSION SHALL TAKE A DECISION WITHIN A PERIOD OF NOT MORE THAN 10 WORKING DAYS FROM RECEIPT OF THE REQUEST AND SHALL INFORM THE MEMBER STATES OF THE ACTION TAKEN .

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 INFORMED THEREOF . THE FACT THAT THE MATTER IS REFERRED TO THE COUNCIL SHALL NOT CAUSE THE MEASURE TO BE SUSPENDED . THE COUNCIL SHALL MEET IMMEDIATELY . IT MAY , ACTING ON A QUALIFIED MAJORITY , AMEND OR RESCIND THE MEASURE IN QUESTION .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 21 DECEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

OTTO GRAF LAMBSDORFF