CELEX: 51977PC0427
Language: en
Date: 1977-09-13
Title: Proposal for a Council Regulation (EEC) establishing ceilings and Community surveillance of imports of certain products originating in Malta (1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 427
Vol. 1977/0137
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(77 ) 427 final
                                                Brussels , 13 September 1977
                                 Proposal
                       for a Council Regulation ( EEC )
              establishing ceilings and Community surveillance
                   of imports of certain products originating
                              in Malta ( 1978 )
               ( submitted to the Council by the Commission )
COM(77 ) 427 final
 ---pagebreak---                     EXPLANATORY MEMORANDUM
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 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 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 .
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 % .
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 .
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
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
                   COUNCIL REGULATION ( EEC )
        establishing ceilings and Community surveillance of imports
              of certain products originating in Malta ( 1978 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas the Agreement establishing an association between the European
Economic Community and Malta ( 1 ), as amended by the Additional Protocol
to that Agreement ( 2 ), makes 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 is limited to
ceilings above which the customs duties applicable to third countries may
be reintroduced ; whereas the ceilings to be applied in 1978 should therefore
be determined ; whereas the application of ceilings requires that the Commu­
nity be regularly informed of the trend of imports of the products in ques­
tion originating in Malta ; whereas it is therefore desirable that imports
of these products be subjected to a system of surveillance .
Whereas this objective may be achieved by means of an administrative procedure
based on setting off imports of the products in question against the ceilings
at Community level , as and when these products are entered for home use ;
whereas this administrative procedure must make provision for the possibility
of customs tariff duties being reintroduced as soon as the ceilings are
reached at Community level ;
Whereas this administrative procedure requires close and particularly rapid
cooperation between the Member States and the Commission ; whereas the
latter must , in particular , be able to follow the progress of quantities
                                                                         • • ■I9 9 9
( 1 ) OJ No L 61 , 14.3.1971 , p. 2 .
( 2 ) OJ No L
 ---pagebreak---                                       - 2 -
 set off against the ceilings and keep the Member States informed ; whereas this
 cooperation has to be particularly close since the Commission must be able to
 take adequate measures to reintroduce customs tariff duties whenever one of the
 ceilings is reached ,
 HAS ADOPTED THIS REGULATION :
                                    Article 1
 1.    From 1 January until 31 December 1978, imports of products originating
       in Malta listed in the Annex shall be subject to annual ceilings and
       Community Surveillance .
       The description of the products referred to in the first paragraph ,
       their tariff headings and statistic numbers and the levels of the ceilings
       are given in the Annex .
2.     Quantities shall be set off against the ceilings as and when products
       are entered for home use accompanied by a movement certificate confor­
       ming to the rules contained in the Protocol concerning the definition
       of the concept of 'originating products' and methods of administrative
       cooperation annexed to the Protocol laying down certain provisions re­
       lating to the Agreement establishing an association between the European
       Economic Community and Malta ( 1 ).
       Goods shall "be . set off against the ceiling only if the movement certificate
       is submitted before the date on which customs duties are reimposed .
       The extent to which a ceiling has been reached shall be determined at
       Community level on the basis of imports set off against it in the manner
       defined in the preceding subparagraphs .
       The Member States shall inform the Commission at the intervals and within
       the time limits specified in paragraph 4 of imports effected in accordance
       with the above rules .
3.     As soon as the ceilings have been reached, the Commission may adopt a
       Regulation reimposing until the end of the calendar ydar the customs
       duties applicable to third countries .                           ,
                                                                   • ■•/ • • •
( 1 ) OJ No L 111, 28.4.1976, p.3
 ---pagebreak---                                    - 3 -
4.   Member States shall forward to the Commission not later than the fifteenth
     day of each month statements of the quantities set off during the preceding
     month . They shall , if the Commission so requests , make up such statements
     for periods of ten days and forward them within five clear days of
     expiry of the preceding ten-day period .
                                 Article 2
The Commission shall take , in close cooperation with the Member States ,
such measures as may be necessary for purposes of application of this Regulation .
                                 Article 3
This Regulation shall enter into force on 1 January 1978 .
     This Regulation shall be binding in its entirety and directly applicable
                         I                                •
in all Member States .
Done at Brussels ,                                  For the Council
                                                    The President
 ---pagebreak---                         ,                                        4         ANNEX
            LIST OF PRODUCTS SUBJECT TO IMPORT CEILINGS IN 1978
  Ordejr No   CCT . : heading No          Description                Ni mexe     Level of
                                                                      code       cei ling
                                                                                 ( tonnes )
      1                   2                    3                        4            5
I M 1         55.05              Cotton yarn , not put up for       55.05        1.260
                                 retail sale                       all Nos
I M 2         55.09              Other woven fabrics of cotton      55.09           105
                                                                   all Nos
I M 3         56.04              Man-made fibres ( disconti-        56.04           840
                                 nuous or waste ), carded , com-   alle Nos
                                 bed or otherwise prepared for
                                 spinning
I η 4         60.05              Outer garments and other           60.05           227
                                 articles , knitted or             alle Nos
                                 crocheted , not elastic
                                 nor rubberised
I M 5         61.01              Men 's and boy s outer garments    61.01           856
                                                                   all Nos
 ---pagebreak--- c : v-\ :: AL STATEMENT
 1 . Budget line concerned : Ch . 12 Art . 120
 2 . Leqal basis :     Article 113
 3 . Title of the tariff measure :
     Proposal for a Council Regulation (EEC ) establishing ceilingpand
     Community supervision of imports of certain products originating in
     Malta ( 1978)
 4 . Objectives :
     Fulfilment of a contractual obligation (EEC-Malta Agreement )
 5 . Method of calculation :
     - No of CCT          : 55.05   55.09    56.04    60.05 61.01
     - level of ceilirgs • 1260 t 105 "t     840 t    227 t  656 t
     - Quota duty rate :                     free
     - Duty rate CCT      : 4 "to 6% 13 to 6.5 to 10.5 to 17 %
                                     15 %    10 %     18 %
 6 . Loss of receipts :      1 751 000 EUR
               Average cif price        Average rate of        volume
                     EUR /t             dutv     in ^          in t
  55.05          1 520                         6                1 260
  55.09          4 120                        14                   105
  56.04          1 050                         9                   840
  60.05         13.180                        14                   227
  61.01       . 7.410                         17                   856
                                  /