CELEX: 31995R3010
Language: en
Date: 1995-12-18 00:00:00
Title: Council Regulation (EC) No 3010/95 of 18 December 1995 totally or partially suspending the customs duties applicable to certain products falling within Chapters 1 to 24 and Chapter 27 of the Combined Nomenclature originating in Malta and Turkey (1995)

Avis juridique important

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31995R3010

Council Regulation (EC) No 3010/95 of 18 December 1995 totally or partially suspending the customs duties applicable to certain products falling within Chapters 1 to 24 and Chapter 27 of the Combined Nomenclature originating in Malta and Turkey (1995)  

Official Journal L 314 , 28/12/1995 P. 0001 - 0013

COUNCIL REGULATION  (EC) No 3010/95 of 18 December 1995 totally or partially suspending the customs duties applicable  to certain products falling within Chapters 1 to 24 and Chapter 27 of the Combined Nomenclature  originating in Malta and Turkey (1995)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 Regulation (EC) No 3448/93  (1) lays down the trade arrangements applicable to certain  goods resulting from the proceedings of agricultural products; Whereas, pursuant to Annex I to the Agreement establishing an association between the European  Economic Community and Malta  (2), the Community must partially suspend common customs tariff  duties applicable to certain products; whereas it would seem appropriate to adapt or supplement  temporarily some of the tariff advantages provided for in the said Annex; whereas accordingly in  respect of the products listed in Annex I to this Regulation originating in Malta the Community  should from 1 January to 31 December 1995 suspend, at the levels shown next to each item, either  the fixed component of the charge applicable to goods covered by Regulation (EC) No 3448/93 or the  customs duty applicable to the other products; Whereas pursuant to Annex 6 to the Additional Protocol laying down the conditions, arrangements and  timetable for implementing the transitional stage referred to in Article 4 of the Agreement  establishing an Association between the European Economic Community and Turkey  (3) and to Article  9 of the Supplementary Protocol to the Association Agreement between the European Economic  Community and Turkey consequent on the accession of new Member States to the Community  (4), signed  in Ankara on 30 June 1973 and in force on 1 March 1986  (5) the Community must totally or partially  suspend the common customs tariff duties applicable to certain products; whereas in addition it  would seem appropriate to adapt or supplement temporarily some of the tariff advantages provided  for in the said Annex 6; whereas accordingly for the products originating in Turkey listed in Annex  II to this Regulation the Community should from 1 January to 31 December 1995 suspend, at the  levels shown next to each item, either the fixed element of duty applicable to goods covered by  Regulation (EC) No 3448/93 or the customs duty applicable to the other products; Whereas Article 7 of the abovementioned Supplementary Protocol to the Association Agreement between  the European Economic Community and Turkey consequent on the accession of new Member States to the  Community referred to above provides for full suspension of the customs duties applicable to  certain petroleum products of Chapter 27 of the Common Customs Tariff refined in Turkey, within the  limits of an annual Community tariff quota of 340  000 tonnes; whereas that quota has been replaced  with a Community ceiling which, following successive increases stands at 740  250 tonnes; whereas  further adaptations to such tariff advantages, consisting in the full suspension, from 1 January to  31 December 1995, of customs duties applicable to products originating in Turkey and listed in  Annex III hereto, should be envisaged on a temporary basis; Whereas provision should be made for the reintroduction of customs duties on the products concerned  in exceptional circumstances; whereas accordingly the Commission should be informed regularly of  import trends for such products; whereas to this end imports of such products should be subjected  to a system of surveillance; Whereas the tariff advantages provided for in the measures in question should at least be  equivalent to those accorded by the Community to developing countries under the Generalized System  of Preferences (GSP); Whereas the period of validity of GSP tariff measures in respect of agricultural products is  limited to one year, while GSP measures concerning petroleum products are multiannual; whereas in  view of the number and the economic significance of the agricultural products concerned the period  of validity of tariff measures for Malta and Turkey should be aligned with that applicable to GSP  agricultural measures; whereas at the same time and for the sake of clarity such measures should be  grouped together in a single regulation; Whereas it is for the Community to decide on the suspension of such duties, HAS ADOPTED THIS REGULATION: Article 1 The following products shall be accepted for import into the  Community subject to the customs duties indicated for each of them, from 1 January to 31 December  1995: -  products falling within Chapters 1 to 24 of the Combined Nomenclature originating in Malta and  in Turkey and listed in Annexes I and II, and -  petroleum products refined in Turkey falling within Chapter 27 of the Combined Nomenclature and  listed in Annex III. Article 2 For the purposes of applying this Regulation, the rules of origin shall be those in  force at any given time for the purposes of the Agreements establishing an association between the  European Economic Community and Malta and the European Economic Community and Turkey respectively. The methods of administrative cooperation intended to ensure that products originating in Turkey  and listed in Annexes II and III are accorded total or partial suspension of customs duties shall  be those estblaished by Decision No 5/72 of the Association Council attached to Regulation (EEC) No  428/93  (1). Article 3 The duties applicable may be reintroduced in full or in part in respect of products  covered by the arrangements set out in Article 1 imported in quantities or at prices such that they  cause or may cause material injury to Community producers of similar products or products with  which they are in direct competition. Such a measure may also be adopted in case of material injury  or threat of material injury limited to a single Community region. Article 4 With a view to implementing Article 3, the Commission may adopt a regulation  reintroducing the levying of customs duties for a certain period. Such measure shall be adopted in accordance with the procedure laid down in Article 6  (2). Article 5 1.  Subject to the procedure provided for in Regulation (EC) No 3448/93, the  implementing provisions for this Regulation, and in particular: (a)  amendments and technical adaptations made necessary by amendment of the combined Nomenclature  and Taric codes; (b)  the extension of tariff measures under the Agreements covered by this Regulation; (c)  adaptations made necessary by the conclusion by the Council of protocols or exchanges of  letters between the Community and the countries concerned; (d)  amendments to this Regulation resulting from any other act adopted by the Council under  agreements or regulations covered by this Regulation; shall be adopted in accordance with the procedure laid down in Article 6  (2). 2.  The provisions adopted pursuant to paragraph 1 do not authorize the Commission to: -  carry over preferential quantities from one quota period to another, -  amend the timetables laid down in the Agreements or ptotocols, -  transfer quantities from one quota to another, -  open and administer quotas resulting from new agreements, -  adopt legislation affecting the administration of quotas subject to import certificates. Article 6 1.  The Commission shall be assisted by the Customs Code Committee set up by Article  247 of Regulation (EEC) No 2913/92  (2). 2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148  (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. The Commission shall adopt measures which shall apply immediately. However, if those measures are  not in accordance with the opinion of the Committee, they shall be communicated by the Commission  to the Council forthwith. In that event the Commission shall defer application of the measures  which it has decided for three months from the date of such communication. The Council, acting by qualified majority, may take a different decision within the period referred  to in the second subparagraph. 3.  The Committee may examine any question concerning the application of this Regulation which is  raised by its chairman either on his own initiative or at the request of a Member state. Article 7 The Commission shall, in close cooperation with the Member States, take all necessary  measures to ensure that this Regulation is applied. Article 8 This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities. It shall apply with effect from 1 January 1995. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 18 December 1995. For the Council The President J. BORRELL FONTELLES  ANNEX I >TABLE>  Taric codes >TABLE>  ANNEX II LIST OF PRODUCTS FALLING WITHIN CHAPTER 27, ORIGINATING IN TURKEY >TABLE  POSITION> Taric Codes >TABLE>  ANNEX III LIST OF PRODUCTS FALLING WITHIN CHAPTER 27, REFINED IN TURKEY >TABLE>