CELEX: 51982PC0612
Language: en
Date: 1982-09-30
Title: Proposal for a COUNCIL REGULATION (EEC) establishing ceilings and Community surveillance of imports of certain products originating in Malta (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 612
Vol. 1982/0192
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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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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(82)612 final
                                                     Brussels , 30 September 1982
                                                               \ ■ '< tùiui
                                   Proposal for a
                              COUNCIL REGULATION ( EEC ) , X             \
           establishing ceilings and Community surveillance of- imports^
                 of certain products originating in Malta (1983>
                   ( submitted to the Council by the Commission )
 COM ( 82 ) 612 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. 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 . Notwith­
         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
         reim posed by the Community until the end of the calendar year .
         The initial volumes of the annual ceilings are fixed by the above-
         mentioned Protocol . Each year these ceilings are reopened and their
         level is increased by 5%.
   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.
2. 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 m 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 wil ! 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 for setting in train the machinery for
reintroducing duties i 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
period of 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 time 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 reintroduction
    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 Proposai for a Council Regulation .
 ---pagebreak---                                                    Proposal for a
                                        COUNCIL REGULATION (EEC)
                     establishing ceilings and Community surveillance of imports of certain products
                                                  originating in Malta ( 198 3 )
       THE COUNCIL OF THE EUROPEAN
       COMMUNITIES                                                   are entered with Customs authorities for home use ;
                                                                     whereas this administrative procedure must make
                                                                     provision for the possibility of customs tariff duties
       Having regard to the Treaty establishing the Euro­            being reintroduced as soon as the ceilings are
      pean Economic Community, and in particular                     reached at Community level ;
      Article 1 13 thereof,
      Having regard to the proposal from the Commis­                 Whereas this administrative procedure requires
      sion ,                                                        close and particularly rapid cooperation between
                                                                    the Member States and the Commission and the lat­
                                                                    ter must in particular be able to follow the progress
      Whereas the provisions of the Additional Protocol             of quantities charged against the ceilings and keep
      to the Agreement estab !: hing an association                 the iVlember States informed ; whereas this coopera­
     between the European Economic Community and                    tion has to be particularly close since the Commis­
      Malta ( ' ) have lapsed ;                                     sion must be able to take the appropriate measures
                                                                    to reintroduce customs tariff duties if one of the
     Whereas, pending the entry into force of a new pro­           ceilings is reached,
     tocol, it is necessary on the basis of Regulation
     ( EEC)                       to exiend, for 1983, the
     arrangements which the Community applies to trade
     with Malta within the context of the Association
    with that country ;                                            HAS ADOPTED THIS REGULATION :
    Whereas, since a protocol as provided for in                                           Article I
    Article 118 of the 1979 Act of Accession does not
    exist, the Community must ndopt the measures                   , _         , ,           31 December 1983
    referred to in Article 119 of tbat Act ; whereas the           1 . rrom 1 January to                   , imports into
    tariff measure concerned will, therefore, apply to the        the Community of Nine of the products listed in the
    Community of Nine ;                                           Annex originating in Malta shall be subject to
                                                                  annual ceilings and Community surveillance.
    Whereas the abovementioned Additional Protocol
    makes provision for the total abolition of customs            The description of the products referred to in the
   duties in respect of the products to which the Agree­          first subparagraph, their tariff headings and statisti­
    ment applies ; whereas, however, for a number of              cal numbers and the ceilings shall be as set out in
                                                                  the Annex .
   products exemption from duties is subject to ceil­
   ings above which the customs duties applicable to
   third countries may be reintroduced ; whereas the              2. Quantities shall be charged against the ceilings
  ceilings to be applied in         -     1983     should         as and when products are entered with customs
  therefore be determined ; whereas the application of            authorities for free circulation and accompanied by
  ceilings requires that the Community be regularly               a movement certificate in accordance with the rules
  informed on importsof the products in question ori­            contained in the Protocol concerning the definition
  ginating in Malta ; whereas it is therefore desirable          of the concept of 'originating products' and meth­
 that imports of these products be subjected to a sys­           ods of administrative cooperation annexed to the
 tem of surveillance ;                                           Protocol laying down certain provisions relating to
                                                                 the Agreement establishing an association between /
 Whereas this objective may be achieved by means of              the European Economic Community and Malta (3).
 an administrative procedure based on charging
 imports of the products in question against the ceil­           Goods may be charged against the ceiling only if the
 ings at Community level as and when the products                movement certificate is submitted before the date on
                                                                 which customs duties are reimposed.
( ' ) OJ No L 304, 29. 1 1 . J977, p. 2
(2)     OJ No L
                                                                (3) OJ No L 111,28. 4. 1976, p. 3.
 ---pagebreak---  The extent to which a ceiling is used up shall be            month. If the Commission so requests, they shall
 determined at Community level on the basis of the            provide such statements for periods of 10 days and
 imports charged against it in the manner defined in          forward them within five clear days of the end of
 the preceding subparagraphs.                                 each 10-day period .
 Member States shall inform the Commission at the
intervals and within the time limits specified in                                   Article 2
paragraph 4 of imports effected in accordance with
the above procedures.
                                                             The Commission shall take all appropriate mea­
3. As soon as the ceilings have been reached, the            sures, in close cooperation with the Member States,
Commission may adopt a Regulation reimposing                 for the purposes of applying this Regulation.
until the end of the calendar year the customs duties
applicable to third countries.
                                                                                    Article 3
4. Member States shall forward to the Commission
not later than the 15th day of each month statements         This Regulation shall enter into force on 1 January
of the quantities charged during the preceding               1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels,
                                                                           For the Council
                                                                            The President
 ---pagebreak---                                            ^ ANNEX
                      List of products subject to import ceilings in 1983
          CC Γ                                                                          Level
                                                                             NIMEXG
  Nu    heading                         Description                             code of ceiling
           No                                                                         (tonne·)
            ι                                J                                    4       5
1 (vi I  55.05  Cotton yarn , not put up for retail sale                      55.05-  ceiling
                                                                             *11 Nos  delayed
1 M >    55.09  Other woven fabrics of cotton                                 55.09-  ceiling
                                                                             tll Nos  delayed
ι y 3    56.04  Mun-made fibres (discontinous or waste), carded, combed or    56.04-  ceiling
                otherwise prepared for spinning                              (II Nos  delayed
' M ■    60.0 S Outer garments and other articles, knitted or crocheted, not  60.05-  ceiling
                elastic                                                      all Nos  delayed
• M 5    61.01  Men's and boys' outer garments                                61.01-   1092
                                                                             all Nos