Council Regulation (EEC) No 3035/91 of 14 October 1991 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1992)

COUNCIL REGULATION (EEC) No 3035/91  of 14 October 1991  establishing ceilings and Community surveillance for imports of certain products originating in Malta (1992)
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 supplemented by the Additional Protocol (2), by the Supplementary Protocol to the Agreement (3) and the Protocol extending the first stage of  this Agreement (4) provided, in Article 2 of Annex I, for the total abolition of customs duties in respect of the products to which the Agreement applies; whereas, however, exemption from duties in respect of a numer of products is subject to ceilings  above which the customs duties applicable to third countries may be re-established; whereas, in the context of the said ceilings, the Kingdom of Spain and the Portuguese Republic will apply customs duties calculated in accordance with the said Protocol  to the Agreement establishing an Association between the European Economic Community and Malta consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community (5);
Whereas the ceilings to be applied in 1992 should therefore be determined; whereas those ceilings can be applied only if the Community is regularly informed of imports of the said products originating in Malta; whereas imports of those products should  therefore be subject to a system of surveillance;
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 level as and when the products are entered with customs authorities for free  circulation; whereas this administrative procedure must provide for the possibility of the applicable customs duties being re-established 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 and the latter must in particular be able to follow the progress of quantites charged 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 appropriate measures to re-establish customs tariffs if one of the ceilings is reached.