CELEX: 31985R3394
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3394/85 of 18 November 1985 establishing ceilings and Community surveillance of imports of certain products originating in Malta (1986)

6 . 12 . 85                                  Official Journal of the European Communities                              No L 327 / 29
                                             COUNCIL REGULATION (EEC) No 3394 / 85
                                                           of 18 November 1985
               establishing ceilings and Community surveillance of imports of certain products originating in
                                                               Malta ( 1986 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               authorities for home use ; whereas this administrative
                                                                         procedure must make provision for the possibility of
                                                                         customs tariff duties being reintroduced as soon as the
Having regard to the Treaty establishing the European                    ceilings are reached at Community level ;
 Economic Community , and in particular Article 113
 thereof,
                                                                         Whereas this administrative procedure requires close and
                                                                         particularly rapid cooperation between the Member States
 Having regard to the proposal from the Commission ,                     and the Commission and the latter must in particular be
                                                                         able to follow the progress of quantities charged against the
 Whereas the provisions of the Additional Protocol to the                ceilings and keep the Member States informed ; whereas
Agreement establishing an association between the                        this cooperation has to be particularly close since the
 European Economic Community and Malta (*) have                          Commission must be able to take the appropriate measures
lapsed ;                                                                 to reintroduce custom tariff duties if one of the ceilings is
                                                                         reached ,
Whereas , pending the entry into force of a new protocol , it
is necessary to extend , for 1986 , the arrangements which
the Community applies to trade with Malta within the
context of the Association with that country ;                           HAS ADOPTED THIS REGULATION :
Whereas , in accordance with Article 119 of the 1979 Act
of Accession , the Council adopted Regulation ( EEC )
No 3555 / 80 of 16 December 1980 determining the
                                                                                                        Article 1
arrangements to be applied with regard to imports into
Greece , originating in Algeria , Israel , Malta , Morocco ,
Portugal , Syria , Tunisia or Turkey ( 2 ); whereas , in the             1 . From 1 January to 31 December 1986 imports into the
 absence of a protocol such as that provided for in Articles             Community of Nine of the products listed in the Annex and
 179 and 366 of the Act of Accession of Spain and Portugal ,             originating in Malta shall be subject to annual ceilings and
the Community must take the measures referred to in                      Community surveillance .
Articles 180 and 367 of the said Act ; whereas this
Regulation applies therefore to the Community of Nine ;
                                                                          The description of the products referred to in the first
                                                                          subparagraph , their tariff headings and statistical numbers
Whereas the abovementioned Additional Protocol makes
                                                                          and the ceilings shall be as set out in the Annex .
provision for the total abolition of customs duties in respect
of the products to which the Agreement applies ; whereas ,
however , for a number of products exemption from duties                 2 . Quantities shall be charged against the ceilings as and
is subject to ceilings above which the customs duties                    when products are entered with customs authorities for free
applicable to third countries may be reintroduced ; whereas              circulation and accompanied by a movement certificate in
the ceilings to be applied in 1986 should therefore be                   accordance with the rules contained in the Protocol
determined ; whereas the application of ceilings requires
                                                                         concerning the definition of the concept of 'originating
that the Community be regularly informed on imports of                   products' and methods of administrative cooperation
the products in question originating in Malta ; whereas it is            annexed to the Protocol laying down certain provisions
therefore desirable that imports of these products be                    relating to the Agreement establishing an association
subjected to a system of surveillance ;                                  between the European Economic Community and
                                                                         Malta ( 3 ).
Whereas this objective may be achieved by means of an
administrative procedure based on charging imports of the
products in question against the ceilings at Community                   Goods may be charged against the ceiling only if the
level as and when the products are entered with customs                  movement certificate is submitted before the date on which
                                                                         customs duties are reimposed .
(») OJ No L 304 , 29 . 11 . 1977 , p . 2 .
( 2 ) OJ No L 382 , 31 . 12 . 1980 , p . 1 .                             ( 3 ) OJ No L 111 , 28 . 4 . 1976 , p. 3 .
 ---pagebreak--- No L 327 / 30                           Official Journal of the European Communities                                 6 . 12 . 85
The extent to which a ceiling is used up shall be determined       quantities charged during the preceding month . If the
at Community level on the basis of the imports charged             Commission so requests , they shall provide such statements
against it in the manner defined in the preceding                  for periods of 10 days and forward them within five clear
subparagraphs .                                                    days of the end of each 10-day period .
Member States shall inform the Commission , at the
intervals and within the time limits specified in para­                                     Article 2
graph 4 , of imports effected in accordance with the above
procedures .                                                       The Commission shall take all appropriate measures , in
                                                                   close cooperation with the Member States , for the purposes
3 . As soon as the ceilings have been reached , the                of applying this Regulation .
Commission may adopt a Regulation reimposing 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              This Regulation shall enter into force on 1 January
later than the 15th day of each month statements of the            1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 18 November 1985 .
                                                                                       For the Council
                                                                                        The President
                                                                                       M. FISCHBACH
 ---pagebreak--- 6 . 12 . 85                      Official Journal of the European Communities                               No L 327 / 31
                                                        ANNEX
                                  List of products subject to import ceilings in 1986
              CCT                                                                                                 Level
      Serial                                                                                    NIMEXE
       No
             heading                                 Description                                   code       of ceiling
               No                                                                                              ( tonnes)
        1       2                                         3                                         4               5
     I M 1   55.05   Cotton yarn , not put up for retail sale                                 55.05-all Nos    Ceiling
                                                                                                               delayed
     I M 2   55.09   Other woven fabrics of cotton                                            55.09-all Nos    Ceiling
                                                                                                               delayed
     I M 3   56.04   Man-made fibres ( discontinuous or waste ), carded , combed or otherwise 56.04-all Nos    Ceiling
                     prepared for spinning                                                                     delayed
     I M 4   60.05   Outer garments and other articles , knitted or crocheted , not elastic   60.05-all Nos    Ceiling
                                                                                                               delayed
     I M 5   61.01   Men's and boys' outer garments                                           61.01-all Nos      1 263