CELEX: 51991PC0252
Language: en
Date: 1991-07-12
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ESTABLISHING CEILINGS AND COMMUNITY SURVEILLANCE FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN MALTA ( 1992 )

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
 ---pagebreak---                       EXPLANATORY MEMORANDUM
  The 1970 Agreement between the European Economic Community and
 Malta, supplemented by the additional Protocol                 by the Com-
 plementary Protocol to this agreement/ and by the Protocol
extending the first stage of the Agreement establishing an association between the
                     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.
 ---pagebreak---                                -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.
 ---pagebreak---                                                           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,                              Commission must be able to take appropriate measures
                                                                       to re-establish customs tariffs if one of the ceilings is
                                                                       reached,
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113
 thereof,
                                                                       HAS ADOPTED THIS REGULATION:
 Having regard ro the proposal from the Commission,
 Whereas the Agreement establishing an Association between
 the European Economic Community and Malta ('), as                                               Article 1
 supplemented by the Additional Protocol (?),           by the
 Supplementary Protocol to the Agreement ('). and t h e                1.     From 1 January to 31 December 1992 imports into
  Protocol extending the first stage of this                          the Community of the products listed in the Annex and
  Agreement (4;                                                       originating in Malta shall be subjea to annual ceilings and
                                                , has provided        Community surveillance.
 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          The description of the products referred to in the first
of a number of products is subject to ceilings above which            subparagraph, the corresponding CN codes and the ceilings
 rhe customs duties applicable to third countries may be              are set out in the Annex.
 re-established; whereas, in the context of the said ceilings,
 the Kingdom of Spain and the Portuguese Republic will apply          In the framework of these tariff ceilings, the Kingdom of
custome duties calculated in accordance with the said                 Spain and the Portuguese Republic shall apply customs duties
 Protocol to the Agreement establishing an Association                calculated in accordance with the relevant provisions of the
between the European Economic Community and Malta                     Protocol to the Association Agreement between the
consequent on the accession of the Kingdom of Spain and the           European Economic Community and Malta consequent on
Portuguese Republic to the Community O ;                              the accession of Spain and Portugal.
Whereas the ceilings to be applied in 1992 should therefore           2.     Quantities shall be charged against the ceilings as and
 be determined; whereas those ceilings can be applied only if         when the products are entered with customs authorities for
the Community is regularly informed of imports of the said            free circulation accompanied by a movement certificate
 products originating in Malta; whereas imports of those              in accordance with the rules contained in the Protocol
products should therefore be subject to a system of                   concerning the definition of the concept of 'originating
surveillance;                                                         products' and methods of administrative cooperation
                                                                      annexed to the Protocol laying down certain provisions
                                                                      relating to the Agreement establishing an association
Whereas this objective may be achieved by means of an                 between the European Economic Community and
administrative procedure based on charging imports of the             Malta (6-
products in question against the ceilings at Community level
as and when the products are entered with customs                     (toods may be charged against the ceiling only if the
authorities for free circulation; whereas this administrative         movement certificate is submitted before the date on which
 procedure must provide for the possibility of rhe applicable         customs duties are re-established.
customs duties being re-established as soon as the ceilings are
reached at Community level;
                                                                      The extent to which a ceiling is used up shall be determined at
                                                                      Community level on the basis of the imports charged against
Whereas this administrative procedure requires close and              it in the manner defined in the preceding subparagraphs.
particularly rapid cooperation between the Member States
and the Commission and the latter must in particular be able          Member States shall inform the Commission of imports
to follow the progress of quantities charged against the              charged in accordance with the above procedure at
ceilings and keep the Member States informed; whereas                 the intervals and within the time limits specified in
this cooperation has to be particularly close since the               paragraph 4.
(') OJ No L 61, 14. 3. 1971, p. 2.                                   (6) OJ No L 111, 28. 4. 1976, p. 3.
(*) 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
 ---pagebreak---                                                             -2-
3.    As soon as the ceilings are reached, the Commission                                   Article 2
may adopt a Regulation re-establishing, until the end of
the calendar year, the customs duties applicable to third       The Commission, in close cooperation with the Member
countries.                                                      States, shall take all appropriate measures for the purposes of
                                                                applying this Regulation.
4.    Member States shall send the Commission not later                                     Article 3
than the 15th day of each month stratements of the quantities
charged during the preceding month.                             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
 ---pagebreak---                                                                         ANNEX
                                                   List of products subject to import ceilings in 1992
    Order                                                                                                                      Level of ceiling
                 CNcode(')                                                 Description
     No                                                                                                                           (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
                                   Cotton yarn (other than sewing thread), containing 85 % or more by weight of cotton,
                  5205             not put up for retail sale                                                                     application
                                                                                                                                  of ceiling
                                   Cotton yarn (other than sewing thread), containing less than 85 % by weight of cotton,         suspended
                  5206             not put up for retail sale
                                   Rubber thread and cord, textile covered; textile yarn, and strip and the like falling
                  5604             within code 5404 or 5405, impregnated, coated, covered or sheathed with rubber or
                                   plastics:
              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/m 2
                 5209              Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more
                                   than 200 g/m 2
                 5210              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/m 2
                 5211              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/m 2
                                                                                                                                  application
                  5212             Other woven fabrics of cotton
                                                                                                                                  of ceiling
                                                                                                                                  suspended
                 5801              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
                                   Synthetic staple fibres, carded, combed or otherwise processed for spinning                   application
11.0030          5506
                                                                                                                                 of ceiling
                                                                                                                                 suspended
                 5507 00 00        Artificial staple fibres, carded, combed or otherwise processed for spinning
(') The Taric axles are to be found on the last page of this Annex.
 ---pagebreak---   Order                                                                                                     Level of ceiling
         CN code                                           Description                                         (tonnes)
   No
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                   Other
                                 Other:
        5608 19 39                  Other
        5608 90 00 — Other
        6101       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
        6102       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
        6103       Men's or boys' suits, ensembles, jackets, blazers, trousers, bib and brace overalls,
                   breeches and shorts (other than swim wear), knitted or crocheted
        6104       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
        6106       Women's or girls' blouses, shirts and shirt-blouses, knitted or crocheted
                                                                                                               application
        6107       Men's or boys' underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and      of ceiling
                   similar articles, knitted or crocheted:                                                     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 _ _ _ _ o f fine animal hair
                   ——-       Women's or girls':
        6110 10 91 —-     — — Of wool
        6110 10 99 _ _ _ _ Of fine animal hair
                                                                                                                             "3-
 ---pagebreak---                                                            -3-
   Order
            CNcode                                           Description                                        Level of ceiling
    No                                                                                                             (tonnes)
11.0040  • 6110 20     -  Of cotton:
(cont'd)
                             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
           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                                                                              application
                                                                                                                   of ceiling
           6112 1200  -   — Of synthetic fibres                                                                    suspended
           6112 19 00 -   — Of other textile materials                                                             (cont'd)
           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       Other garments, knitted or crocheted
           6117       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
 ---pagebreak---                                                                   -4-
    Order                                                                                                          Level of ceiling
               CN code                                               Description
     No                                                                                                               (tonnes)
 11.0040       6301 30       -   Blankets (other than electric blankets) and travelling rugs, of cotton:
 (cont'd)
               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           Bed linen, table linen, toilet linen and kitchen linen:
              6302 10       -    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
                                                                                                                     application
             6304          Other furnishing articles, excluding those falling within code 9404:                      of ceiling
                           -    Bedspreads:                                                                          suspended
                                                                                                                     (cont'd)
             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         Other made up articles, including dress patterns:
             6307 10      -    Floor-cloths, dish-cloths, dusters and similar cleaning cloths:
             6307 10 10   -    — Knitted or crocheted
             6307 90      -    Other:
            6307 90 10    -    -   Knitted or crocheted
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
 ---pagebreak---                                                      ->-
   Order                                                  Description                                       Level of ceiling
    No    CNcode                                                                                               (tonnes)
11.0050  6207        Men's or boys' singlets and other vests, underpants, briefs, nightshirts, pyjamas,
(cont'd)             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        Garments, made up of fabrics falling within code 5602, 5603, 5903, 5906 or
                     5907:
         621010     — 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:                                       1690
                    — Swimwear:                                                                                (cont'd)
         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
                                                     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
 ---pagebreak--- 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.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 252 final
                                                      DOCUMENTS
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