Council Regulation (EC) No 934/95 of 10 April 1995 establishing tariff ceilings and a Community statistical surveillance in the framework of reference quantities for a certain number of products originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and the Occupied Territories

COUNCIL REGULATION (EC) No 934/95 of 10 April 1995  establishing tariff ceilings and a Community statistical surveillance in the framework of reference  quantities for a certain number of products originating in Cyprus, Egypt, Jordan, Israel, Tunisia,  Syria, Malta, Morocco and the Occupied Territories
THE COUNCIL OF THE EUROPEAN  UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof,
Having regard to the proposal from the Commission,
Whereas Article 2 of Annex I to the Agreement establishing an association between the European  Community and Malta  (1), as supplemented by the Additional Protocol  (2), the Supplementary  Protocol to the Agreement  (3) and the Protocol extending the first stage of this Agreement  (4),  exempts from duties, subject to tariff ceilings, certain products falling within Chapters 52 to 63  of the combined nomenclature and originating in Malta;
Whereas the Additional Protocols to the Agreements between the European Community, of the one part,  and Cyprus  (5), Egypt  (6), Jordan  (7), Israel  (8), Tunisia  (9), Syria  (10), Malta and Morocco   (11), of the other part, provide for the progressive reduction, subject to reference quantities  and to statistical Community surveillance, of the customs duties applicable to certain agricultural  products originating in those countries according to set timetables;
Whereas Council Regulation (EEC) No 1134/91 of 29 April 1991 on the tariff arrangements, applicable  to imports into the Community of products originating in the Occupied Territories  (12) provides  for the elimination on 1 January 1993, according to a set timetable, of customs duties on products  listed in Annex II thereto and originating in these territories, and that certain of these products  should be subject to reference quantities;
Whereas, by Council Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the  import into the Community of certain agricultural products originating in Cyprus, Egypt, Israel,  Jordan, Malta, Morocco, Syria and Tunisia  (13), the Community unilaterally increased the amount of  the above reference quantities in equal tranches of 3  % or 5  % per year starting on 1 January  1992;
Whereas the abovementioned Agreements and Regulation (EEC) No 1134/91 are of indeterminate  duration; whereas the Agreements and the abovementioned Regulation (EEC) No 1764/92 lay down the  rates for the annual increases in the tariff ceilings and reference quantities; whereas, therefore,  the tariff measures in question should likewise be of indeterminate duration; whereas the  application of these measures should be rationalized by grouping them together in a single  regulation;
Whereas the tariff measures provided for in this Regulation should now be opened; whereas the scope  and period of application of each of those measures are set out in the Annexes; whereas, in view of  the negotiations under way for the renewal of some of the agreements in question, the period of  validity of the measures set out in the Annexes to this Regulation should be limited to 31 December  1996;
Whereas amendments to the combined nomenclature and Taric codes, and the extension under the  present Agreements of the tariff measures in question, require no changes of substance; whereas, in  the interests of simplification and without prejudice to the specific procedures laid down by  Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable  to certain goods resulting from the processing of agricultural products  (14), provision should be  made for the Commission to make the necessary amendments and technical adaptations to this  Regulation after first having obtained the opinion of the Customs Code Committee;
Whereas the decision to establish tariff ceilings and reference quantities should be taken by the  Community; whereas it is also for the Community to establish the relevant surveillance systems for  these two tariff measures;
Whereas customs duties suspended within the limits of tariff ceilings may be re-established once  those limits have been reached at Community level; whereas the application of ceilings calls for a  system of surveillance that enables the Commission to be kept abreast of the trend in imports of  products subject to such measures;
Whereas the administration of the tariff ceilings requires close and particularly rapid cooperation  between the Member States and the Commission, and the latter must in particular be able to follow  the progress of quantities charged against the ceilings and keep the Member States informed;  whereas this cooperation has to be all the more close because the Commission has to be able to take  appropriate action whenever a ceiling is reached; whereas, to ensure the efficiency of this  surveillance system, Member States must charge imports of the products in question agianst the  ceilings as and when the products are entered with customs for free circulation;
Whereas, as regards the products subject to reference quantities, Regulation (EEC) No 451/89  (1)  establishes procedures for modifying the statuts of these products by submitting them, if  necessary, to tariff quotas; whereas Article 3 (2) of the Regulation provides for a system of  surveillance; whereas such surveillance must notably enable the Commission to draw up an annual  trade balance sheet for each of the products concerned,