PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ESTABLISHING CEILINGS AND COMMUNITY SURVEILLANCE FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN MALTA ( 1992 )
Date: 1991-07-12
Institutions: European Commission
Subjects: Malta, market supervision, quantitative restriction, textile product

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COMC9D252  final 

Brussels,  12 July 1991 

Proposal  for a 

COUNCIL REGULATION (EEC) 

establishing ceilings and Community surveillance for imports of certain products originating in 
Malta (19Se) 

(presented by the Commission) 

wMStfcs.*wia3SV 

EXPLANATORY  MEMORANDUM 

The 1970 Agreement between  the European Economic  Community  and 

Malta, supplemented by  the additional Protocol 
plementary Protocol  to this agreement/  and by  the Protocol 
extending the first stage of the Agreement  establishing an association between the 

by the Com 

European  Economic  Community  and Malta, 

provides  in particular  for the abolition of 

Common  Customs  Tariff duties on  industrial products. By way of 

derogation  from that provision, special  arrangements  apply to 

a number of  textile products which may be  imported  duty-free 

subject  to an annual  ceiling. When that  ceiling  is reached the 

Community  may  reimpose until, the end of the calendar year the 

customs duties applicable  to third countries. 

In order  to implement  the system of ceilings and exercise the 

option of  reimposing  customs duties, detailed  common  rules must 

be adopted and applied uniformly by all the Member States. These 

requirements may be met by setting up a Community  system of sur 

veillance of  imports  from Malta. To that end the Member States 

must  take appropriate measures to enable statistical  returns for 

the whole Community  to be collected  rapidly. Imports of the products 

concerned  should be recorded only as and when they are entered 

for free circulation accompanied  by a movement  certificate in 

accordance with  the  rules  laid down  in the Agreement  referred to 

at 1 above. 

Each Member State will  compile  these statistical  returns at the 

end of each month and  forward  them  to the Commission  before the 

fifteenth  day of the following month  to enable the Commission  to 

send all  the Member  States a comprehensive  product-by-product 

statement  of the  imports  in question during  the previous month. 

The surveillance system will  require prompt  action and close co 

operation between  the departments  concerned  in the Member States 

and  the Commission. Since  the products  concerned belong  to the 

category of sensitive products and duty-free  imports  in excess of 

the ceilings may disturb  the Community  market,  it  is absolutely 

essential  that  all the Member States strictly observe  the above-

mentioned  time-limit of  fifteen days. 

-2-

The  following procedure will be used  for setting  in train the  . 

machinery  for  reimposing  duties: as soon as one of the  comprehensive 

monthly  statements compiled  by the Commission  shows  that  751 of the 

CeiUno. 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 

reguesr of  a Member  State or on  the Commission's  own  initiative. 

The purpose of  these consultations  will be to examine  in each in 

dividual  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. 

The Commission  can thus take, within  the shortest  possible time, the 

measures  required  for the adoption of a regulation  reimposing  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 Council  to delegate  to the 

Commission  responsibility for implementing  the ceilings and  reimposing 

duties where appropriate. 

The proposal  for a Regulation merley 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  gives the 

Commission  responsibility for  reimposing  in respect of Malta  the duties 

applicable  to third countries. 

Proposal  for  a 

COUNCIL  REGULATION  (EEC)  No  . 

/91 

of 

establishing ceilings and Community surveillance for imports of certain products originating in 
Malta  ( 1 9 $) 

THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
in  particular  Article  113 
Economic  Community,  and 
thereof, 

Commission  must  be  able  to  take  appropriate  measures 
to  re-establish  customs  tariffs 
if  one  of  the  ceilings  is 
reached, 

Having  regard  ro  the  proposal  from  the  Commission, 

HAS ADOPTED  THIS  REGULATION: 

Whereas the Agreement  establishing an  Association  between 
the  European  Economic  Community  and  Malta  ('),  as 
supplemented  by  the  Additional  Protocol  (?), 
by  the 
Supplementary  Protocol  to  the  Agreement  (').  and  t he 
Protocol extending the first stage of this 
Agreement  (4; 

,  has  provided 
in  Article  2  of  Annex  I  for  the  total  abolition  of  customs 
duties  in  respect  of  rhe  products  to  which  the  Agreement 
applies; whereas, however, exemption  from  duties in respect 
of  a  number  of  products  is subject  to  ceilings  above  which 
rhe  customs  duties  applicable  to  third  countries  may  be 
re-established;  whereas,  in  the  context  of  the  said  ceilings, 
the Kingdom of Spain and the Portuguese Republic will apply 
custome  duties  calculated 
in  accordance  with  the  said 
Protocol 
to  the  Agreement  establishing  an  Association 
between  the  European  Economic  Community  and  Malta 
consequent on the accession of the Kingdom of Spain and  the 
Portuguese  Republic  to  the  Community  O; 

Whereas  the ceilings to  be applied  in  1992  should  therefore 
be determined;  whereas  those ceilings can  be applied  only if 
the  Community  is regularly  informed  of  imports  of  the  said 
products  originating  in  Malta;  whereas  imports  of  those 
products  should 
to  a  system  of 
therefore  be  subject 
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 
the  products  are  entered  with  customs 
as  and  when 
authorities  for  free  circulation;  whereas  this  administrative 
procedure  must  provide  for  the  possibility  of  rhe  applicable 
customs duties being re-established as soon as the ceilings are 
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 

(')  OJ  No L  61,  14. 3.  1971, p. 2. 
(*)  OJ  No  L  304, 29.  11. 1977, p. 2. 
(J)  OJ  No  L  HI. 23.  V 1989, p. 2. 
(«) ojNoL  116, :9.5.1991,  p.67 
(5)0J  No L  81,  23.3.1991,  p.11 

Article  1 

From  1 January  to  31  December  1992  imports  into 
1. 
the  Community  of  the  products  listed  in  the  Annex  and 
originating  in  Malta  shall  be subjea  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. 

In  the  framework  of  these  tariff  ceilings,  the  Kingdom  of 
Spain and the Portuguese Republic shall apply customs duties 
calculated  in  accordance  with  the  relevant  provisions  of  the 
Protocol 
the 
European  Economic  Community  and  Malta  consequent  on 
the  accession  of  Spain  and  Portugal. 

the  Association  Agreement  between 

to 

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 
the  Agreement  establishing  an  association 
relating 
between 
and 
Malta  (6-

the  European  Economic  Community 

to 

(toods  may  be  charged  against  the  ceiling  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 
the  above  procedure  at 
charged 
the 
in 
time 
paragraph  4. 

in  accordance  with 
the 

intervals  and  within 

limits  specified 

(6)  OJ No L 111, 28. 4.  1976, p. 3. 

-2-

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. 

Article 2 

The  Commission,  in  close  cooperation  with  the  Member 
States, shall take all appropriate measures for the purposes of 
applying this Regulation. 

4.  Member States  shall  send  the  Commission  not later 
than the 15th day of each month stratements of the quantities 
charged during the preceding month. 

Article 3 

This Regulation shall enter into force on  1 January 1992. 

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

Done at Brussels, 

For the Council 

The President 

cr 

ANNEX 

List  of  products  subject  to  import  ceilings  in  1992 

Order 
No 

CNcode(') 

Description 

Level of ceiling 
(tonnes) 

11.0010 

5204 

Cotton  sewing  thread,  whether  or  not  put  up  for  retail  sale: 

-  Not  put  up  for  retail  sale: 

5204 11 00 

-  —  Containing  85 % or  more  by  weight  of  cotton 

5204 19 00 

Other 

5205 

5206 

5604 

Cotton yarn (other than sewing thread), containing  85 % or more by weight of cotton, 
not  put  up  for  retail  sale 

Cotton yarn (other than sewing thread), containing less than 85 % by weight of cotton, 
not  put  up  for  retail  sale 

Rubber  thread  and  cord,  textile  covered;  textile  yarn,  and  strip  and  the  like  falling 
within  code  5404  or 5405,  impregnated,  coated, covered  or sheathed  with  rubber or 
plastics: 

application 
of  ceiling 
suspended 

ex 5604 90 00 

-  Other: 

- 

-  Of  cotton 

11.0020 

5208 

Woven  fabrics of  cotton, containing  85 % or more  by weight  of  cotton,  weighing  not 
more  than  200  g/m2 

5209 

5210 

5211 

5212 

5801 

Woven fabrics of cotton, containing  85 % or more by weight of cotton, weighing more 
than  200  g/m2 

Woven  fabrics of cotton, containing less than  85 % by weight of cotton, mixed  mainly 
or  solely  with  man-made  fibres,  weighing  not  more  than  200  g/m2 

Woven  fabrics of cotton, containing less than 85 % by weight of cotton, mixed  mainly 
or  solely  with  man-made  fibres,  weighing  more  than  200  g/m2 

Other  woven  fabrics  of  cotton 

Woven  pile fabrics and chenille  fabrics, other than  fabrics falling  within  code  5802  or 
5806: 

—  Of  cotton: 

5801 21 00 

—  —  Uncut  weft  pile  fabrics 

ex 5811 00 00 

Quilted textile products of cotton in the piece, composed of one or more layers of textile 
materials  assembled  with  padding  by  stitching  or  otherwise,  other  than  embroidery 
falling  within  code  5810 

ex 6308 00 00 

Sets consisting of woven fabric and yarn, of cotton, whether or not with accessories, for 
making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile 
articles,  put  up  in  packings  for  retail  sale 

application 
of  ceiling 
suspended 

11.0030 

5506 

Synthetic  staple  fibres,  carded,  combed  or otherwise  processed  for  spinning 

5507  00  00 

Artificial  staple  fibres,  carded, combed  or otherwise  processed  for  spinning 

application 
of  ceiling 
suspended 

(')  The Taric axles are to be found  on the last page of this Annex. 

Order 
No 

CN code 

Description 

Level  of  ceiling 
(tonnes) 

11.0040 

5608 

Knotted  netting  of  twine,  cordage  or  rope; made-up  fishing  nets  and  other  made-up 
nets,  of  textile  materials: 

—  Of  man-made  textile  materials: 

5608 19 

Other: 

—  —  —  Made-up  nets: 

—  —  —  -  Of  nylon  or  other  polyamides: 

5608 19 19 

5608 19 39 

5608 90 00 

— Other 

Other 

Other: 

Other 

6101 

6102 

6103 

6104 

6106 

6107 

Men's  or  boys'  overcoats,  car-coats,  capes,  cloaks,  anoraks  (including  ski-jackets), 
wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those 
falling  within  code  6103 

Women's or girls' overcoats, car-coats, capes, cloaks, anoraks (including  ski-jackets), 
wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those 
falling  within  code  6104 

Men's  or  boys'  suits,  ensembles,  jackets,  blazers,  trousers,  bib  and  brace  overalls, 
breeches  and  shorts  (other  than  swim wear),  knitted  or  crocheted 

Women's  or  girls'  suits,  ensembles,  jackets,  blazers,  dresses,  skirts,  divided  skirts, 
trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or 
crocheted 

Women's  or  girls' blouses,  shirts and  shirt-blouses,  knitted  or  crocheted 

Men's or boys' underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and 
similar  articles,  knitted  or  crocheted: 

application 
of  ceiling 
suspended 

—  Other: 

6107 91 00 

—  -  Of  cotton 

6107 92 00 

—  —  Of  man-made  fibres 

6107 99 00 

—  —  Of  other  textile  materials 

6108 

Women's  or  girls'  slips,  petticoats,  briefs,  panties,  nightdresses,  pyjamas,  négligés, 
bathrobes,  dressing  gowns  and  similar  articles,  knitted  or  crocheted: 

—  Other: 

6108 91 00 

--  -  Of cotton 

6108 92 00 

—  —  Of  man-made  fibres 

6108 99 

—  -  Of  other  textile  materials: 

6108 99 10 

— —  —  Of  wool  or  fine  animal  hair 

6108 99 90 

—  - 

-  Of  other  textile  materials 

6110 

Jerseys,  pullovers,  cardigans,  waistcoats  and  similar  articles,  knitted  or  crocheted: 

6110 10 

—  Of  wool  or  fine  animal  hair: 

Other: 

—  -  —  Men's  or boys': 

6110 10 31 

—  —  —  —  Of  wool 

6110 10 39 

_  _  _  _  of  fine  animal  hair 

—  —  -  Women's  or girls': 

6110 10 91 

—  -  —  —  Of  wool 

6110 10 99 

_  _  _  _  Of  fine  animal  hair 

"3-

-3-

Description 

Level of ceiling 
(tonnes) 

Order 
No 

CNcode 

11.0040 
(cont'd) 

• 6110 20 

-  Of  cotton: 

Other: 

6110 20 91 

-  —  —  Men's  or  boys' 

6110 20 99 

-  —  —  Women's  or girls' 

6110 30 

-  Of  man-made  fibres: 

Other: 

6110 30 91 

-  —  —  Men's  or  boys' 

6110 30 99 

-  —  —  Women's  or girls' 

6110 90 

-  Of  other  textile  materials: 

6110 90 10 

- 

-  Of  flax  or  ramie 

6110 90 90 

Other 

application 
of  ceiling 
suspended 
(cont'd) 

6111 

Babies' garments  and  clothing  accessories,  knitted  or  crocheted: 

6111 10 

-  Of  wool  or  fine  animal  hair: 

6111 1090 

Other 

6111 20 

-  Of  cotton: 

6111 20 90 

Other 

6111 30 

-  Of  synthetic  fibres: 

6111 30 90 

Other 

611190 00 

-  Of  other  textile  materials 

6112 

Track  suits,  ski  suits  and  swimwear,  knitted  or  crocheted: 

-  Track  suits: 

6112 1100 

-  —  Of  cotton 

6112 1200 

-  —  Of  synthetic  fibres 

6112 19 00 

-  —  Of  other  textile  materials 

6112 20 00 

-  Ski  suits 

-  Men's  or  boys'  swimwear: 

6112 31 

- 

-  Of  synthetic  fibres: 

6112 3190 

Other 

611239 

- 

-  Of  other  textile  materials: 

6112 39 90 

Other 

-  Women's  or girls' swimwear: 

611241 

- 

-  Of  synthetic  libres: 

611241 90 

Other 

611249 

- 

-  Of  other  textile  materials: 

6112 49 90 

Other 

6113 00 

(iarnients,  made  up of  knitted or crocheied  labrics tailing  within  code  5903,  5906  or 
5907: 

6113 00 90 

-  Other 

6114 

6117 

Other  garments,  knitted  or  crocheted 

Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of 
garments  or  of  clothing  accessories 

6301 

Blankets  and  travelling rugs: 

•6301 20 

-  Blankets (other than electric blankets) and travelling rugs, of wool  or of fine  animal 

hair: 

6301 20 10 

- 

-  Knitted  or  crocheted 

-4-

Order 
No 

CN code 

Description 

Level of ceiling 
(tonnes) 

11.0040 
(cont'd) 

6301 30 

-  Blankets  (other  than  electric  blankets)  and  travelling  rugs,  of  cotton: 

6301 30 10 

-  —  Knitted  or  crocheted 

6301 40 

-  Blankets  (other  than  electric  blankets)  and  travelling  rugs, of  synthetic  fibres: 

6301 40 10 

-  —  Knitted  or  crocheted 

6301 90 

-  Other  blankets  and  travelling  rugs: 

6301 90 10 

-  —  Knitted  or  crocheted 

6302 

6302 10 

Bed  linen,  table  linen,  toilet  linen  and  kitchen  linen: 

-  Bed  linen,  knitted  or  crocheted: 

6302 10 10 

-  —  Of  cotton 

6302 10 90 

-  —  Of  other  textile  materials 

6302 40 00 

-  Table  linen,  knitted  or  crocheted 

6303 

Curtains  (including  drapes)  and  interior  blinds; curtain  or  bed  valances: 

-  Knitted  or  crocheted: 

6303 11 00 

-  —  Of  cotton 

6303 12 00 

-  —  Of  synthetic  fibres 

6303 19 00 

-  —  Of  other  textile  materials 

6304 

Other  furnishing  articles,  excluding  those  falling  within  code  9404: 

-  Bedspreads: 

6304 11 00 

-  —  Knitted  or  crocheted 

-  Other: 

6304 91 00 

-  —  Knitted  or  crocheted 

6305 

Sacks and  bags,  of  a  kind  used  for  the  packing  of  goods: 

6305 20 00 

-  Of  cotton 

-  Of  man-made  textile  materials: 

6305 31 

- 

-  Of  polyethylene  or  polypropylene  strip or  the  like 

ex 6305 39 00 

Other: 

-  —  —  Knitted  or  crocheted 

ex 6305 90 00 

-  Of  other  textile  materials: 

-  —  Knitted  or  crocheted 

6307 

6307 10 

Other  made  up  articles,  including  dress  patterns: 

-  Floor-cloths,  dish-cloths,  dusters  and  similar cleaning cloths: 

6307 10 10 

-  —  Knitted  or  crocheted 

6307 90 

-  Other: 

6307 90 10 

- 

-  Knitted  or  crocheted 

application 
of  ceiling 
suspended 
(cont'd) 

11.0050 

6201 

Men's  or  boys'  overcoats,  car-coats,  capes,  cloaks,  anoraks  (including  ski-jackets), 
wind-cheaters,  wind-jackets  and  similar  articles, other  than  those  falling  within  code 
6203 

1690 

6203 

Men's  or  boys'  suits,  ensembles,  jackets,  blazers,  trousers,  bib  and  brace  overall», 
breeches  and  shorts (other  than  swimwear) 

J 

Order 
No 

CNcode 

- >-

Description 

Level of ceiling 
(tonnes) 

11.0050 
(cont'd) 

6207 

Men's  or  boys'  singlets  and  other  vests,  underpants,  briefs,  nightshirts,  pyjamas, 
bathrobes, dressing gowns and similar articles: 

—  Other: 

6207 91 00 

— — Of cotton 

6207 92 00 

— — Of man-made fibres 

6207 99 00 

— — Of other textile materials 

6210 

621010 

Garments,  made  up  of  fabrics  falling  within  code  5602,  5603,  5903,  5906  or 
5907: 

— Of fabrics falling within code 5602 or 5603: 

— — Of fabrics falling within code 5603: 

621010 91 

— — — In sterile packs 

6210 10 99 

Other 

6210 20 00 

— Other garments, of the type described in codes 6201 11 to 6201 19 

6210 40 00 

— Other men's or boys' garments 

6211 

Track suits, ski suits and swimwear; other garments: 

— Swimwear: 

6211 1100 

— — Men's or boys' 

6211 20 00 

— Ski suits 

— Other garments, men's or boys': 

62113100 

— — Of wool  or fine animal hair 

6211 32 

— -  Of cotton: 

62113210 

— — — Industrial and occupational clothing 

6211 32 90 

— 

-  Other 

6211  33 

— -  Of man-made fibres: 

621133 10 

— — — Industrial  and occupational clothing 

621133 90 

Other 

621139 00 

— — Of other textile materials 

6217 

Other made up clothing accessories; parts of garments or of clothing accessories, other 
than those falling within code 6212: 

6217 90 00 

— Parts 

1690 
(cont'd) 

Tarie codes 

Order  No 

CN code 

Tarie code 

11.0010 

ex 5604 90 00 

5604 90 00 »  50 

11.0020 

ex 5811 00 00 

5811 00 00 * 14 
5811 00 00*91 
581100  00*92 

ex 6308 00 00 

6308 00 00*11 

6308 00 00 » 19 

11.0040 

ex 6305 39 00 

6305 39 00 • 91 

ex 6305 90 00 

6305 90 00 • 10 
6305 90 00 » 19 

MCHE FINANCIERE 

1.  Liane budgétaire  concernée  : Chap.  12, art.  120 

2.  Base  Juridique  : article  113 du  traité 

3.  Intitulé  de  la mesure  tarifaire  : Proposition de règlement  du 

Conseil  portant  établissement  de plafonds et  d'une  surveillance 

communautaire  des  importations  de certains produits  textiles 

originaires  de Malte  (1992). 

4.  OblectIf  : Exécution  d'une obligation contractuelle  (Accord 

CEE/Malte) 

5.  Mode  de calcul 

Codes  N.C. 

ex 6201; ex  6203; ex 6207; ex  6210 et  ex  6211 

Volume  du plafond 

1 690 t 

Droit  à applIquer 

exemption 

Droit  du T.D.C. 

14 % 

6.  Perte fle recettes : 

L'application  des dispositions de ce  règlement  pour  l'année  1992 ne 

conduit  pas à des pertes de  recettes  supplémentaires  par  rapport  à 

cet les de  1991. 

ISSN 0254-1475 

COM(91) 252 final 

DOCUMENTS 

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02 

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