31977R2816

No L 331 / 10 Official Journal of the European Communities 23 . 12 . 77

COUNCIL REGULATION ( EEC) No 2816/77

of 28 November 1977

establishing ceilings and Community supervision for imports of certain products originating in Malta ( 1978)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , to take the appropriate measures to reintroduce customs tariff duties if one of the ceilings is reached,

Having regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Article HAS ADOPTED THIS REGULATION : 113 thereof,

Article 1 Having regard to the proposal from the Commission, 1 . From 1 January to 31 December 1978 , imports of the products originating in Malta listed in the Whereas the Agreement establishing an association Annex shall be subject to annual ceilings and Com­ between the European Economic Community and munity supervision . Malta ( 1 ), as amended by the Additional Protocol to that Agreement ( 2 ), makes provision for the total abo­ The description of the products referred to in the first lition of customs duties in respect of the products to subparagraph , their tariff headings and statistical which the Agreement applies ; whereas , however, for numbers and the levels of the ceilings are given in the a number of products exemption from duties is sub­ Annex . ject to ceilings above which the customs duties appli­ cable to third countries may be reintroduced ; where­ as the ceilings to be applied in 1978 should therefore 2. Quantities shall be charged against the ceilings be determined ; whereas the application of ceilings re­ as and when products are entered with customs quires that the Community be regularly informed on authorities for home use accompanied by a movement imports of the products in question originating in certificate in accordance with the rules contained in Malta ; whereas it is therefore desirable that imports the Protocol concerning the definition of the concept of these products be subjected to a system of supervi­ of ' originating products' and methods of administra­ sion ; tive cooperation annexed to the Protocol laying down certain provisions relating to the Agreement establishing an association between the European Whereas this objective may be achieved by means of Economic Community and Malta ( 3 ). an administrative procedure based on charging im­ ports of the products in question against the ceilings Goods may be charged against the ceiling only if the at Community level as and when the products are en­ movement certificate is submitted before the date on tered with customs authorities for home use ; whereas which customs duties are reimposed. this administrative procedure must make provision for the possibility of customs tariff duties being rein­ The extent to which a ceiling is used up shall be de­ troduced as soon as the ceilings are reached at Com­ termined at Community level on the basis of the im­ munity level ; ports charged against it in the manner defined in the preceding subparagraphs . Whereas this administrative procedure requires close The Member States shall inform the Commission at and particularly rapid cooperation between the Mem­ ber States and the Commission and the latter must in the intervals and within the time limits specified in paragraph 4 of imports effected in accordance with particular be able to follow the progress of quantities charged against the ceilings and keep the Member the above procedures . States informed ; whereas this cooperation has to be particularly close since the Commission must be able 3 . As soon as the ceilings have been reached, the Commission may adopt a Regulation reimposing

(!) OJ No L 61 , 14 . 3 . 1971 , p. 2 . (2) OJ No L 304, 29 . 11 . 1977, p. 2 . (3 ) OJ No L 111 , 28 . 4 . 1976, p. 3 .

23 . 12 . 77 Official Journal of the European Communities No L 331 / 11

until the end of the calendar year the customs duties Article 2 applicable to third countries . The Commission shall take all appropriate measures, in close cooperation with the Member States, for the 4. Member States shall forward to the Commission purposes of applying this Regulation. 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 Article 3 such statements for periods of 10 days and forward them within five clear days of the end of each 10-day This Regulation shall enter into force on 1 January period . 1978 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 28 November 1977 .

For the Council The President

L. OUTERS

No L 331 / 12 Official Journal of the European Communities 23 . 12 . 77

ANNEX

List of products subject to import ceilings in 1978

CCT NIMEXE Level of Serial No Description ceiling heading No code (tonnes) 1 2 3 4 5

I M 1 55.05 Cotton yarn , not put up for retail sale 55.05-all Nos 1 260

I M 2 55.09 Other woven fabrics of cotton 55.09-all Nos 105

I M 3 56.04 Man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning 56.04-all Nos 840

I M 4 60.05 Outer garments and other articles, knitted or crocheted, not elastic or rubberized 60.05-all Nos 227

I M 5 61.01 Men's and boys' outer garments 61.01-all Nos 856