CELEX: 31977R2816
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2816/77 of 28 November 1977 establishing ceilings and Community supervision for imports of certain products originating in Malta (1978)

No L 331 / 10                            Official Journal of the European Communities                              23 . 12 . 77
                                         COUNCIL REGULATION (EEC) No 2816/77
                                                       of 28 November 1977
               establishing ceilings and Community supervision for imports of certain products
                                                    originating in Malta ( 1978)
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 1978 , 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 supervision .
Malta ( 1 ), as amended by the Additional Protocol to
that Agreement ( 2 ), makes provision for the total abo­             The description of the products referred to in the first
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 1978 should 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 supervi­               of ' originating products' and methods of administra­
sion ;                                                              tive cooperation annexed to the Protocol laying
                                                                     down certain provisions relating to the Agreement
                                                                     establishing an association between the European
Whereas this objective may be achieved by means of                   Economic Community and Malta (3).
an administrative procedure based on charging im­
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
                                                                     termined at Community level on the basis of the im­
munity level ;
                                                                     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 No L 61 , 14 . 3 . 1971 , p. 2 .
 (2) OJ No L 304, 29 . 11 . 1977, p. 2 .                              (3 ) OJ No L 111 , 28 . 4 . 1976, p. 3 .
 ---pagebreak--- 23 . 12 . 77                      Official Journal of the European Communities                       No L 331 / 11
until the end of the calendar year the customs duties                              Article 2
applicable to third countries.
                                                             The Commission shall take all appropriate measures,
4.     Member States shall forward to the Commission
                                                             in 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                                  Article 3
such 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 .                                                     1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 28 November 1977.
                                                                                 For the Council
                                                                                  The President
                                                                                   L. OUTERS
 ---pagebreak---  No L 331 / 12                Official Journal of the European Communities                        23 . 12. 77
                                                      ANNEX
                                List of products subject to import ceilings in 1978
                                                                                                  Level of
                  CCT                                                                  NIMEXE
   Serial No
               heading No                         Description                            code      ceiling
                                                                                                  (tonnes)
        1           2                                 3                                    4          5
I M 1            55.05    Cotton yarn, not put up for retail sale                   55.05-all Nos  1 260
I M 2            55.09    Other woven fabrics of cotton                             55.09-all Nos    105
I M 3            56.04    Man-made fibres (discontinuous or waste), carded,
                          combed or otherwise prepared for spinning                 56.04-all Nos    840
I M 4            60.05    Outer garments and other articles, knitted or crocheted,
                          not elastic or rubberized                                 60.05-all Nos    227
I M 5            61.01    Men's and boys' outer garments                            61.01-all Nos    856