COUNCIL  REGULATION (EEC) N° 3733/90
of 13 December 1990
establishing ceilings and Community surveillance  for imports of certain products originating in Malta (1991)
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), 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 custome 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 1991 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  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 1991  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 (5).
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 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 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 stratements  of the quantities charged during the preceding month.
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 1991.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.