COUNCIL REGULATION (EEC) No 3608/89 of 20 November 1989 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1990)
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) and by the Supplementary Protocol to the Agreement (3) extending until 31 December 1990 the first  stage of the Agreement and adapting certain provisons thereof, has 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 number 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 (4);
Whereas the ceilings to be applied in 1990 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 quantities charged against the ceilings and Keep the  Member States informed; whereas this
(5) OJ No L 61, 14. 3. 1971, p. 2.
(6) OJ No L 304, 29. 11. 1977, p. 2.
(7) OJ No L 81, 23. 3. 1989, p. 2.
(8) OJ No L 81, 23. 3. 1989, p. 11.
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,
1.  From 1 January to 31 December 1990 imports into the Community 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.
In the framework of these tariff ceilings, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of the Protocol to the Association Agreement between the European Economic  Community and Malta consequent on the accession of Spain and Portugal.
2.  Quantities shall be charged against the ceilings as and when the products are entered with 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  (9).
Goods may be charged against the ceiling only if the movement certificate is submitted before the date on which customs duties are re-established.
The extent to which a ceiling is used up shall be determind 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.
(10) OJ No L 111, 28. 4. 1976, p. 3.
3.  As soon as the ceilings are reached, the Commission may adopt a Regulation re-establishing, 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 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.