31985R3394

6 . 12 . 85 Official Journal of the European Communities No L 327 / 29

COUNCIL REGULATION (EEC) No 3394 / 85

of 18 November 1985 establishing ceilings and Community surveillance of imports of certain products originating in Malta ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , authorities for home use ; whereas this administrative procedure must make provision for the possibility of customs tariff duties being reintroduced as soon as the ceilings are reached at Community level ; Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 thereof, Whereas this administrative procedure requires close and particularly rapid cooperation between the Member States Having regard to the proposal from the Commission , 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 Whereas the provisions of the Additional Protocol to the this cooperation has to be particularly close since the Agreement establishing an association between the Commission must be able to take the appropriate measures European Economic Community and Malta (*) have to reintroduce custom tariff duties if one of the ceilings is lapsed ; reached ,

Whereas , pending the entry into force of a new protocol , it is necessary to extend , for 1986 , the arrangements which the Community applies to trade with Malta within the context of the Association with that country ; HAS ADOPTED THIS REGULATION :

Whereas , in accordance with Article 119 of the 1979 Act of Accession , the Council adopted Regulation ( EEC ) No 3555 / 80 of 16 December 1980 determining the Article 1 arrangements to be applied with regard to imports into Greece , originating in Algeria , Israel , Malta , Morocco , 1 . From 1 January to 31 December 1986 imports into the Portugal , Syria , Tunisia or Turkey ( 2 ); whereas , in the absence of a protocol such as that provided for in Articles Community of Nine of the products listed in the Annex and 179 and 366 of the Act of Accession of Spain and Portugal , originating in Malta shall be subject to annual ceilings and Community surveillance . the Community must take the measures referred to in Articles 180 and 367 of the said Act ; whereas this Regulation applies therefore to the Community of Nine ; The description of the products referred to in the first subparagraph , their tariff headings and statistical numbers Whereas the abovementioned Additional Protocol makes and the ceilings shall be as set out in the Annex . provision for the total abolition of customs duties in respect of the products to which the Agreement applies ; whereas , however , for a number of products exemption from duties 2 . Quantities shall be charged against the ceilings as and is subject to ceilings above which the customs duties when products are entered with customs authorities for free applicable to third countries may be reintroduced ; whereas circulation and accompanied by a movement certificate in the ceilings to be applied in 1986 should therefore be accordance with the rules contained in the Protocol determined ; whereas the application of ceilings requires concerning the definition of the concept of 'originating that the Community be regularly informed on imports of products' and methods of administrative cooperation the products in question originating in Malta ; whereas it is annexed to the Protocol laying down certain provisions therefore desirable that imports of these products be relating to the Agreement establishing an association subjected to a system of surveillance ; between the European Economic Community and Malta ( 3 ). 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 Goods may be charged against the ceiling only if the level as and when the products are entered with customs movement certificate is submitted before the date on which customs duties are reimposed .

(») OJ No L 304 , 29 . 11 . 1977 , p . 2 . ( 2 ) OJ No L 382 , 31 . 12 . 1980 , p . 1 . ( 3 ) OJ No L 111 , 28 . 4 . 1976 , p. 3 .

No L 327 / 30 Official Journal of the European Communities 6 . 12 . 85

The extent to which a ceiling is used up shall be determined quantities charged during the preceding month . If the at Community level on the basis of the imports charged Commission so requests , they shall provide such statements against it in the manner defined in the preceding for periods of 10 days and forward them within five clear subparagraphs . days of the end of each 10-day period .

Member States shall inform the Commission , at the intervals and within the time limits specified in para­ Article 2 graph 4 , of imports effected in accordance with the above procedures . The Commission shall take all appropriate measures , in close cooperation with the Member States , for the purposes 3 . As soon as the ceilings have been reached , the of applying this Regulation . Commission may adopt a Regulation reimposing until the end of the calendar year the customs duties applicable to third countries . Article 3

4 . Member States shall forward to the Commission not This Regulation shall enter into force on 1 January later than the 15th day of each month statements of the 1986 .

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

Done at Brussels , 18 November 1985 .

For the Council

The President

M. FISCHBACH

6 . 12 . 85 No L 327 / 31 Official Journal of the European Communities

ANNEX

List of products subject to import ceilings in 1986

CCT Level Serial NIMEXE heading Description of ceiling No code No ( tonnes )

1 2 3 4 5

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

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

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

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

I M 5 61.01 61.01-all Nos 1 263 Men's and boys' outer garments