CELEX: 51983PC0449
Language: en
Date: 1983-07-13
Title: 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)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 449
Vol. 1983/0173
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0MC83) 449 final
                                            Brussels, 13 July 1983
                                      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
 ---pagebreak---                                                           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.
 ---pagebreak---                                     - 2 -
 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.
 ---pagebreak---                                         - 3-
     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 tim e 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.
 ---pagebreak---                                                   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,                          States and the Commission and the latter must in
                                                                  particular be able to follow the progress of quantities
Having regard to the Treaty establishing the European             charged against the ceilings and keep the Member States
Economic Community, and in particular Article 113                 informed; whereas this cooperation has to be particularly
thereof,                                                          close since the Commission must be able to take the
                                                                   appropriate measures to reintroduce customs tariff duties
                                                                   if one of the ceilings is reached,
Having regard to the proposal from the Commission,
Whereas the provisions of the Additional Protocol to the
Agreement establishing an association between the                  HAS ADOPTED THIS REGULATION:
 European Economic Community and Malta (') have
 lapsed;                                                                                       Article 1
Whereas, pending the entry into force of a new protocol,           1.      From 1 January to 31 December 1984, imports into
 it is necessary to extend, for 1984, the arrangements             the Community of Nine of the products listed in the
which the Community applies to trade with Malta within             Annex originating in Malta shall be subject to annual
 the context of the Association with that country;                  ceilings and Community surveillance.
 Whereas, since a protocol as provided for in Article 118          The description of the products referred to in the first
 of the 1979 Act of Accession does not exist, the                  subparagraph, their tariff headings and statistical
  Community must adopt the measures referred to in                 numbers and the ceilings shall be as set out in the
  Article 119 of that Act; whereas the tariff measure              Annt t.
  concerned will, therefore, apply to the Community of
  Nine;                                                             2.     ( lantities shall be charged against the ceilings as
                                                                    and wh products are entered with customs authorities
  Whereas the abovementioned Additional Protocol makes              for free     culation and accompanied by a movement
  provision for the total abolition of customs duties in            certificate    accordance with the rules contained in the
  respect of the products to which the Agreement applies;           Protocol concerning the definition of the concept of
  whereas, however, for a number of products exemption              ‘originating products’ and methods of administrative
  from duties is subject to ceilings above which the customs        cooperation annexed to the Protocol laying down certain
  duties applicable to third countries may be reintroduced;          provisions relating to the Agreement establishing an
  whereas the ceilings to be applied in 1984 should                  association between the European Economic Community
  therefore be determined; whereas the application of                and Malta (2).
  ceilings requires that the Community be regularly
   informed on imports of the products in question                   Goods may be charged against the ceiling only if the
   originating in Malta; whereas it is therefore desirable that      movement certificate is submitted before the date on
   imports of these products be subjected to a system of             which customs duties are reimposed.
   surveillance;
                                                                     The extent to which a ceiling is used up shall be
  Whereas this objective may be achieved by means of an              determined at Community level on the basis of the
   administrative procedure based on charging imports of the         imports charged against it in the manner defined in the
   products in question against the ceilings at Community            preceding subparagraphs.
   level as and when the products are entered with customs
   authorities for home use; whereas this administrative              Member States shall inform the Commission at the
   procedure must make provision for the possibility of               intervals and within the time limits specified in paragraph
   customs tariff duties being reintroduced as soon as the            4 of imports effected in accordance with the above
   ceilings are reached at Community level;                           procedures.
    Whereas this administrative procedure requires close and          3.     As soon as the ceilings have been reached, the
    particularly rapid cooperation between the Member                 Commission may adopt a Regulation reimposing until the
    (') OJ No L 304, 29. 11. 1977, p. 2.                              (·' 0 | No L U I , 28. 4. 1976, p. 3.
 ---pagebreak---                                                      -  2 -
end of the calendar year the customs duties applicable to                                    Article 2
third countries.
                                                                   The Commission shall take all appropriate measures, in
4.      Member States shall forward to the Commission              close cooperation with the Member States, for the
                                                                   purposes of applying this Regulation.
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                                              Article 3
statements for periods of 10 days and forward them
within five clear days of the end of each 10-day                   This Regulation shall enter into force on 1 January
period.                                                            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
                  CCT                                                                                            Level
    Serial                                                                                        NIMEXE
                 heading                               Description                                            of ceiling
     No                                                                                              code
                   No                                                                                          (tonnes)
      1             2                                       3                                          4           5
    IM 1         55.05     Cotton yarn, not put up for retail sale                                 55.05-      Ceiling
                                                                                                   all Nos    delayed
   IM 2          55.09     Other woven fabrics of cotton                                           55.09-     Ceiling
                                                                                                  all Nos     delayed
   IM 3          56.04    Man-made fibres (discontinuous or waste), carded, combed or              56.04-     Ceiling
                           otherwise prepared for spinning                                        all Nos     delayed
   IM 4          60.05     Outer garments and other articles, knitted or crocheted, not            60.05-     Ceiling
                          elastic                                                                 all Nos     delayed
   IM 5          61.01    Men’s and boys’ outer garments                                          61.01-      1 146
                                                                                                  all Nos