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COM ( 83) 449 
 
 
 
Vol. 19 83/0173 
  
 
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COMMISSION OF THE EUROPEAN COMMUNITIES
Proposal for a 
COUNCIL REGULATION (EEC)
establishing ceilings and Community surveillance of imports of 
certain products originating in Malta (1984)
(submitted to the Council by the Commission)C0MC83) 449 final
Brussels, 13 July 1983
C0MC83) 449 final

C w C i)W | '■‘ J
EXPLANATORY MEMORANDUM
a) The 1971 Agreement between the European Economic Community and  
Malta, as amended by the Additional Protocol to that Agreement,  
provides, in particular in respect of industrial products, for the aboli­
tion of the duties, laid down in the Common Customs Tariff. Nothwith-  
standing this provision, special arrangements exist for a number of  
sensitive products : the volume of such products which may be imported  
free of duties is limited to an annual ceiling. When this ceiling is  
reached , the customs duties applicable to third countries may be  
reimposed by the Community until the end of the calendar year.
b) The provisions of the Additional Protocol to the Agreement establishing  
an Association between the European Economic Community and Malta  
lapsed. Pending the entry into force of a new Protocol it is necessary  
to extend the arrangements that the Community applies to trade with  
Malta within the context of the Association with that country ;
c) Since a Protocol as provided for in Article 118 of the 1979 Act of  
Accession does not exist, the Community must adopt the measures  
reffered to in Article 119 of the Act ; the measure concerned will,  
therefore, apply to the Community of Nine.
The implementation of the system of ceilings and the option of reintroduc­
ing customs duties require the adoption of precise common rules to be  
applied uniformly by all the Member States. These requirements may be  
met by setting up a Community system of surveillance of actual imports  
from Malta. To that end the Member States must tale appropriate measures  
to permit the rapid collection of statistical returns for the whole Commu­
nity.

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In the connection imports of the products in question should be recorded  
only as and when they are entered for free circulation accompanied by a  
movement certificate conforming to the rules of the Agreement referred to  
in 1  above.
The returns will be drawn up by each Member State at the end of each  
month and forwarded before the fifteenth day of the following month to the  
Commission in order to enable the latter to send to all the Member States a  
comprehensive product-by-product statement of the imports in question  
effected during the preceding month. The surveillance system will require  
quick action and close cooperatiuon between the relevant departments of  
the Member States and the Commission. Since the products in question  
belong to the sensitive products category and duty-free imports in excess of  
the ceilings may disturb the Community market, it is absolutely essential  
that all the Member States observe strictly the abovementioned time limit  
of fifteen days.
The following procedure will be used foi setting in train the machinery for  
reintroducing duties :  as soon as one of the comprehensive monthly  
statements compiled by the Commission shows that 75% of the ceiling fixed  
for a given product has been reached, the Commission will inform the  
Member States and consultations may take place, in particular within the  
Economic Tariff Problems Group, either at the request of a Member State  
or on the Commission's own initiative. The purpose of these consultations  
will be to examine in each individual case whether the customs duties  
applicable to third countries should be reimposed when the ceiling is  
actually reached.
Imports of the product in question will continue to be the subject of monthly  
returns or, if the Commission so requests, of a telex message covering each  
p e r io d  o f  ten days. This message must reach the Commission within five  
days.

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The Commission can thus take within the shortest possible time the  
measures required for the adoption of a regulation reintroducing customs  
duties in respect of Malta until the end of the calendar year. In that event,  
the customs duties on the product in question would naturally be reimposed  
within the time limit laid down by the regulation ending exemption from  
duties.
3. The attached proposal provides for the delegation by the Council to the  
Commission of the power to apply the rule on ceilings and the réintroduction  
of duties.
The proposal for a regulation merely outlines how these powers are to be 
exercised so that the machinery to be used may be adjusted flexibly and  
rapidly in consultation with the Member States. Again with a view to  
maximum efficiency and rapidity, the proposal lays down that the Commis­
sion will be responsible for reintroducing, in respect of Malta, the duties  
applicable to third countries.
NOTE
The regulation might be modified in the context of the present negotiations with  
the contracting country in view of the conclusion of an Adaptation Protocol to  
the abovementioned Agreement. Awaiting the results, the proposed Regulation  
permit the respect of the engagements contracted by the Community.
The Commission reserves the possibility of modifying the proposal during the  
procedure, if necessary, to adapt it to the Adaptation Protocol.
Annex : 1  Proposal for a Council Regulation.

Proposal for a
COUNCIL REGULATION (EEC)
establishing ceilings and Community surveillance of imports of certain products originating in
Malta (1984)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof,
Having regard to the proposal from the Commission,
Whereas the provisions of the Additional Protocol to the 
Agreement establishing an association between the 
European Economic Community and Malta (') have 
lapsed;
Whereas, pending the entry into force of a new protocol, 
it is necessary to extend, for 1984, the arrangements 
which the Community applies to trade with Malta within 
the context of the Association with that country;
Whereas, since a protocol as provided for in Article 118 
of the 1979 Act of Accession does not exist, the 
Community must adopt the measures referred to in 
Article 119 of that Act; whereas the tariff measure 
concerned will, therefore, apply to the Community of 
Nine;
Whereas the abovementioned Additional Protocol makes 
provision for the total abolition of customs duties in 
respect of the products to which the Agreement applies; 
whereas, however, for a number of products exemption 
from duties is subject to ceilings above which the customs 
duties applicable to third countries may be reintroduced; 
whereas the ceilings to be applied in 1984 should 
therefore be determined; whereas the application of 
ceilings requires that the Community be regularly 
informed on imports of the products in question 
originating in Malta; whereas it is therefore desirable that 
imports of these products be subjected to a system of 
surveillance;
Whereas this objective may be achieved by means of an 
administrative procedure based on charging imports of the 
products in question against the ceilings at Community 
level as and when the products are entered with customs 
authorities for home use; whereas this administrative 
procedure must make provision for the possibility of 
customs tariff duties being reintroduced as soon as the 
ceilings are reached at Community level;
Whereas this administrative procedure requires close and 
particularly rapid cooperation between the MemberStates 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 the 
appropriate measures to reintroduce customs tariff duties 
if one of the ceilings is reached,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1  January to 31 December 1984, imports into 
the Community of Nine of the products listed in the 
Annex originating in Malta shall be subject to annual 
ceilings and Community surveillance.
The description of the products referred to in the first 
subparagraph, their tariff headings and statistical 
numbers and the ceilings shall be as set out in the 
Annt t.
2. ( lantities shall be charged against the ceilings as 
and wh products are entered with customs authorities 
for free culation and accompanied by a movement 
certificate 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 (2).
Goods may be charged against the ceiling only if the 
movement certificate is submitted before the date on 
which customs duties are reimposed.
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 at the 
intervals and within the time limits specified in paragraph 
4 of imports effected in accordance with the above 
procedures.
3. As soon as the ceilings have been reached, the 
Commission may adopt a Regulation reimposing until the
(') OJ No L 304, 29. 11. 1977, p. 2. (·' 0 | No LUI,  28. 4. 1976, p. 3.

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end of the calendar year the customs duties applicable to 
third countries.
4. Member States shall forward to the Commission 
not later than the 15th day of each month statements of 
the quantities charged during the preceding month. If the 
Commission so requests, they shall provide such 
statements for periods of 10 days and forward them 
within five clear days of the end of each 10-day 
period.Article 2
The Commission shall take all appropriate measures, in 
close cooperation with the Member States, for the 
purposes of applying this Regulation.
Article 3
This Regulation shall enter into force on 1  January
198 4 .
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council  
The President
ANNEX
List of products subject to import ceilings in 198 4
Serial
NoCCT
heading
NoDescriptionNIMEXE
codeLevel 
of ceiling 
(tonnes)
1 2 3 4 5
IM  1 55.05 Cotton yarn, not put up for retail sale 55.05- 
all NosCeiling
delayed
IM  2 55.09 Other woven fabrics of cotton 55.09- 
all NosCeiling
delayed
I M 3 56.04 Man-made fibres (discontinuous or waste), carded, combed or 
otherwise prepared for spinning56.04- 
all NosCeiling
delayed
I M 4 60.05 Outer garments and other articles, knitted or crocheted, not 
elastic60.05- 
all NosCeiling
delayed
IM  5 61.01 Men’ s and boys’ outer garments 61.01- 
all Nos1 146