CELEX: 31986R4010
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4010/86 of 16 December 1986 establishing ceilings and Community surveillance of imports of certain products originating in Malta (1987)

No L 374 / 10                               Official Journal of the European Communities                                  31 . 12 . 86
                                            COUNCIL REGULATION ( EEC) No 4010 / 86
                                                          of 16 December 1986
               establishing ceilings and Community surveillance of imports of certain products originating in
                                                              Malta ( 1987)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               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
 Having regard to the Treaty establishing the European                   procedure must make provision for the possibility of
 Economic Community , and in particular Article 113                      customs tariff duties being re-established as soon as the
 thereof,                                                                ceilings are reached at Community level ;
 Having regard to the proposal from the Commission ,
                                                                         Whereas this administrative procedure requires close and
                                                                         particularly rapid cooperation between the Member States
 Whereas the provisions of the Additional Protocol to the                and the Commission and the latter must in particular be
 Agreement establishing an association between the                       able to follow the progress of quantities charged against the
 European Economic Community and Malta ( ! ) have                        ceilings and keep the Member States informed ; whereas
lapsed ;                                                                 this cooperation has to be particularly close since the
                                                                         Commission must be able to take the appropriate measures
                                                                         to re-establish custom tariff duties if one of the ceilings is
 Whereas , pending the entry into force of a new Protocol , it           reached ,
 is necessary to extend , for 1987 , the arrangements which
 the Community applies to trade with Malta within the
context of the Association with that country ;
Whereas, the Council adopted Regulation ( EEC)
No 2357 / 86 determining the arrangements to be applied                 HAS ADOPTED THIS REGULATION :
with regard to imports into Greece of certain products
originating in Malta ( 2 );
Whereas , since a Protocol as provided for in Articles 179                                             Article 1
 and 366 of the Act of Accession of Spain and Portugal does
not exist , the Community must take the measures referred                1 . From 1 January to 31 December 1987 imports into the
to in Articles 180 and 367 of that Act ; whereas this                    Community , as constituted on 31 December 1985 , of the
 Regulation applies , therefore , to the Community as                    products listed in the Annex and in Malta shall be subject
constituted on 31 December 1985 ;                                        to annual ceilings and Community surveillance.
Whereas the abovementioned Additional Protocol makes
provision for the total abolition of customs duties in respect          The description of the products referred to in the first
of the products to which the Agreement applies ; whereas ,              subparagraph , their tariff headings and statistical numbers
however, for a number of products exemption from duties                 and the ceilings shall be as set out in the Annex .
is subject to ceilings above which the customs duties
applicable to third countries may be re-established ;
whereas , the ceilings to be applied in 1987 should therefore
be determined ; whereas the application of ceilings requires             2 . Quantities shall be charged against the ceilings as and
that the Community be regularly informed on imports of                   when products are entered with customs authorities for free
the products in question originating in Malta ; whereas it is            circulation and accompanied by a movement certificate in
therefore desirable that imports of these products be                    accordance with the rules contained in the Protocol
subjected to a system of surveillance ;                                  concerning the definition of the concept of 'originating
                                                                        products' and methods of administrative cooperation
                                                                         annexed to the Protocol laying down certain provisions
Whereas this objective may be achieved by means of an                   relating to the Agreement establishing an association
administrative procedure based on charging imports of the                between the European Economic Community and
                                                                         Malta ( 3 ).
H OJ No L 304 , 29 . 11 . 1977 , p . 2 .
( 2 ) OJ No L 205 , 29 . 7 . 1986 , p . 9 .                             ( 3 ) OJ No L 111 , 28 . 4 . 1976 , p. 3 .
 ---pagebreak--- 31 . 12 . 86                            Official Journal of the European Communities                            No L 374 / 11
Goods may be charged against the ceiling only if the              4.    Member States shall forward to the Commission not
movement certificate is submitted before the date on which         later than the 15th day of each month statements of the
customs duties are reimposed .                                     quantities charged during the preceding month . If the
                                                                  Commission so requests , they shall provide such statements
The extent to which a ceiling is used up shall be determined       for periods of 10 days and forward them within five clear
at Community level on the basis of the imports charged            days of the end of each 10-day period .
against it in the manner defined in the preceding
subparagraphs .
                                                                                            Article 2
Member States shall inform the Commission , at the
intervals and within the time limits specified in                 The Commission shall take all appropriate measures, in
paragraph 4 , of imports effected in accordance with the          close cooperation with the Member States, for the purposes
above procedures .                                                of applying this Regulation .
3 . As soon as the ceilings have been reached , the
Commission may adopt a Regulation re-establishing until                                     Article 3
the end of the calendar year the customs duties applicable
to third countries .                                              This Regulation shall enter into force on 1 January 1987 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 16 December 1986 .
                                                                                       For the Council
                                                                                        The President
                                                                                          G. HOWE
 ---pagebreak--- No L 374 / 12                     Official Journal of the European Communities                               31 . 12 . 86
                                                         ANNEX
                                    List of products subject to import ceilings in 1987
               CCT
    Serial                                                                                                       Level
              heading                                                                          NIMEXE
     No                                                Description                                           of ceiling
                No                                                                                code
                                                                                                              ( tonnes )
      1          2                                         3                                         4             5
  11.0010     55.05   Cotton yarn , not put up for retail sale                                 55.05-all     Ceiling
                                                                                               numbers       delayed
  11.0020     55.09   Other woven fabrics of cotton                                            55.09-all     Ceiling
                                                                                               numbers       delayed
  11.0030     56.04   Man-made fibres ( discontinuous or waste ), carded , combed or otherwise 56.04-all     Ceiling
                      prepared for spinning                                                    numbers       delayed
  11.0040     60.05   Outer garments and other articles , knitted or crocheted , not elastic   60.05-all     Ceiling
                                                                                               numbers       delayed
  11.0050     61.01   Men's and boys' outer garments                                           61 . 01 - all   1 326
                                                                                               numbers