COUNCIL REGULATION (EEC) No 4228/88 of 19 December 1988 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1989)
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 provisions of the Additional Protocol to the Agreement establishing an association between the European Economic Community and Malta (1), have lapsed; whereas a complementary Protocol which prolongs until 31 December 1990 the duration of the  first stage of the Agreement has been signed; whereas, pending the entry into force of the complementary Protocol, the arrangements which the Community applies to trade with Malta within the context of the association with that country should be  extended for 1989;
Whereas the Council has adopted Regulation (EEC) No 2357/86 of 24 July 1986 amending Regulation (EEC) No 3555/80, (EEC) No 3394/85 and (EEC) No 3668/85 as regards imports into Greece of certain products originating in Malta (2); whereas, since a  Protocol as provided for in Articles 179 and 366 of the Act of Accession of Spain and Portugal does not exist, the Community must take the measures referred to in Articles 180 and 367 of that Act; whereas this Regulation applies to the Community as  constituted on 31 December 1985;
Whereas the abovementioned Additional Protocol provides 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 number of products is subject to  ceilings above which the customs duties applicable to third countries may be reimposed; whereas the ceilings to be applied in 1989 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 reimposed 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 quantities 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 reimpose customs tariffs if one of the ceilings is reached,
1.  From 1 January to 31 December 1989, imports into the Community as constituted on 31 December 1985 of the products listed in the Annex and originating in Malta shall be subject to annual ceilings and Community surveillance.
The description of the products referred to in the first subparagraph, the corresponding CN codes and the ceilings are set out in the Annex.
2.  Quantities shall be charged against the ceilings as and when the products are entered whith customs authorities for free circulation accompanied by a movement certificate in accordance with 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 relating to the Agreement establishing an association between the European Economic Community and Malta  (3).
Goods may be charged 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 is used up shall be determined at Community level on the basis of the imports charged against it in the manner defined in the preceding subparagraphs.
Member States shall inform the Commission of imports charged in accordance with the above procedure at the intervals and within the time limits specified in paragraph 4.
3.  As soon as the ceilings have been reached, the Commission may adopt a Regulation reimposing until the end of the calendar year the customs duties applicable to third countries.
4.  Member States shall send the Commission 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 such statements for periods of 10 days and forward  them within five clear days of the end of each 10-day period.
The Commission, in close cooperation with the Member States, shall take all appropriate measures for the purposes of applying this Regulation.
This Regulation shall enter into force on 1 January 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.