CELEX: 51978PC0428
Language: en
Date: 1978-09-08
Title: Proposal for a COUNCIL REGULATION (EEC) establishing ceilings and Community surveillance of imports of certain products originating in Malta (1979) (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 428
Vol. 1978/0163
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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
                                                 COM(78)428 final
                                                 Brussels / 8 September 1978
                                 Proposal for a
                             COUNCIL REGULATION ( EEC )
         establishing ceilings and- Community surveillance of imports
         of certain products originating in Malta ( 1979 )
               ( submitted by the Commission to the Council )
C0M(78 ) 428 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM'
  The '1 971 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 abolition of the
  duties laid down in the Common Customs Tariff . Notwithstanding this .
  provision/' Special arrangements exist for a number of sensitive products :
  the volume of such products which may bflimported 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 .
  The initial volumes of the annual ceilings are fixed by the amended
  Agreement itself . Each year these ceilings are reopened and their level
  is increased by 5 % .                                                  '■
                    ■                                       Y
  The implementation of the system of ceilings and the option of reintro­
  ducing 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 take appropriate measures
  to permit the rapid collection of statistical returns for the whole
  Community .
                                                                       > L
  In this connection imports of the products in question should be recorded
  only as and when they are entered for home use 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       the following month to the
  Commission in order to enable the latter to send by telex to all the       V
  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 cooperation 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 .
 ---pagebreak---      The following procedure will be used for setting in train the machinery
     for reintroducing duties : as soon as one of the comprehensive monthly
     statements compiled by the Commission showj^s 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 .
                                                            »
     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 reintroduc­
     tion 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 Commission
     will be responsible for reintroducing , in respect of Malta , the duties
     applicable to third countries .
ANNEX :
Proposal for a Council Regulation .
 ---pagebreak---                                                    PROPOSAL FOR A
                                     COUNCIL REGULATION (EEC) No                         / 78
                                                 of                                                            ,    ;
                establishing ceilings and Community      s^ve' 11 80re.$ r ■ UPor*" o f < terrain
                                              originating in Malta ( 1979 ) ••                    ■
                                                                                                           proHuHs
                                                                                                             f
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           to take the appropriate measures to reintroduce
                                                                     customs tariff duties if one of the ceilings is reached,
 Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular Article              ' HAS ADOPTED THIS REGULATION:
 113 thereof,
      \                        •                             •
                                                                                              Article 1
 Having regard to the proposal from the Commission,
                                                                     1 . From 1 January to 31 December 197y imports
                                                                     of the products originating in Malta listed in the
Whereas the Agreement establishing an association                    Annex shall be subject to annual ceilings and Com­
between the European' Economic Community and •                 ' munity -surv&ì 1 1 dnc.G*
Malta ( ' ), as amended by the Additional Protocol to
that Agreement (*), makes provision for the total abo­               The description of the products referred to in the fifst
lition of customs duties in respect of the products to           - subparagraph, their tariff headings and statistical
which the Agreement applies ; whereas, however, for                  numbers and the levels of the ceilings are given in the
a number of products exemption from duties is sub­                   Annex.           ,                                . ,
ject to ceilings above which the Customs duties appli­
cable to third countries may be reintroduced ; where­
as the ceilings to be applied in 1979should therefore >              2. Quantities shall be charged against the ceilings
be determined; whereas the application of ceilings re­               as and when products are entered with customs
quires that the Community be regularly informed on                  ^authorities for home use accompanied by a movement
imports of the products in question originating in                  certificate in accordance with the rules contained in
Malta; whereas it is therefore desirable that imports               the Protocol concerning the definition of the concept
of these products be subjected to a system of ; sur–                of 'originating products' and methods of administra­
 velll ante;                                                        tive cooperation annexed to the Protocol laying
 Whereas 'his "> bie r t1ve may be achieved by                      down certain provisions relating t® the Agreement
 mean * if an a-WniVrsM ve procedure baserf                         establishing an association between the European
                                                                    Economic Community and Malta (s).              • „
 on "t he rharnino of in - ^          '                    1      ■   !
ports of the products in question against the ceilings              Goods may be charged against the ceiling only if the
at Community level as and when the products are en­                  movement certificate is submitted before the date on
tered with customs authorities for home use; whereas                which customs duties are reimposed.
this administrative procedure must make provision
for the possibility of customs tariff duties being rein­
troduced as soon as the ceilings are reached at Com­                The extent to which a ceiling is used up shall be de­
munity level ;                                                      termined at Community level on the basis of the im­
                                                                    ports charged against it in the manner defined in the
                                                                    preceding subparagraphs.
Whereas this administrative procedure requires close
and particularly rapid cooperation between the Mem­                 The Member States shall inform the Commission at
ber States and the Commission and the latter must in                 the intervals and within the time limits specified in
particular be able to follow the progress of quantities             paragraph 4 of imports effected in accordance with
charged against the ceilings and keep the Member                     the above procedures.
States informed ; whereas this cooperation has to be
particularly close since the Commission must be able                3. As soon as the ceilings have been reached, the
                                                                     Commission may adopt a Regulation reimposing
(' ) OJ N0L6I, 14.3. 1971, p. 2.
(') OJ No L 304, 29. 11. 1977, p. 2.                                 {») OJ No L 111 , 28. 4. 1976, p. 3 .
 ---pagebreak--- until the end of the calendar year the customs duties                             Article 2
applicable to third countries.                              The Commission shall take all appropriate measures,
                                                            in close cooperation with the Member States, for the
4.    Member States shall forward to the Commission         purposes of applying this Regulation.
not later than the 15th day ofeach month statements
of the quantities charged during the preceding- month.
If the Commission so reauests, they shall provide                                 Article 3
such statements In resper.' of perlnHs if 10 ctevs
 and firwsrfi them within" fivo tl ear days of the          This Regulation shall enter into force on 1 January
 enH Af ea^h lO-^av perioH,                                 1979 .
             This Regulation shall be binding in its entirety snd directly applicable in all Member
             States.
             Done at Brussels, "
                                                                                 For the Council
                                                                                  The President
 ---pagebreak---                                                                    ANNEX
                                              List of products subject to import ceilings in '1 979
     Sériai No           CCT                                                                                               Level of
                                                               Description                                 NIMEXE
                      heading No                                                                             code           ceiling
                                                                                                                           (tonnes)
          1        1       »        I                              3                                 i         <            ' i
  I M 1              . 55.05       J Cotton yarn , not put up for retail sale                           55.05-aIi Nos    • 1 123
 I M 2                  SS.09         Other woven fabrics of cotton                                                           110
                                                                                                        55.09-aIl Nos
                I                I
                 I     56.04
                                                                                                                      I 882
                                              k                                                     I
 I M 3
                                  [ Man-made fibres (discontinuous or waste), carded,
                                      combed or otherwise prepared for spinning                        56.04-all Nos
I M 4                  60.05
                                      Outer garments and other articles, knitted or crocheted,
                                      not elastic or rubberized                                        60.05-aIl Nos   .,    238
1 M 5                  61.01          Men's and boys' outer garments       ■                           61.01-all Nos         89S
                                                                         /
       /•
               ,1