31986R4010

No L 374 / 10 Official Journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION ( EEC ) No 4010 / 86

of 16 December 1986 establishing ceilings and Community surveillance of imports of certain products originating in Malta ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , products in question against the ceilings at Community level as and when the products are entered with customs authorities for home use ; whereas this administrative Having regard to the Treaty establishing the European procedure must make provision for the possibility of Economic Community , and in particular Article 113 customs tariff duties being re-established as soon as the thereof, ceilings are reached at Community level ;

Having regard to the proposal from the Commission , Whereas this administrative procedure requires close and particularly rapid cooperation between the Member States Whereas the provisions of the Additional Protocol to the and the Commission and the latter must in particular be Agreement establishing an association between the able to follow the progress of quantities charged against the European Economic Community and Malta ( ! ) have ceilings and keep the Member States informed ; whereas lapsed ; this cooperation has to be particularly close since the Commission must be able to take the appropriate measures to re-establish custom tariff duties if one of the ceilings is Whereas , pending the entry into force of a new Protocol , it reached , is necessary to extend , for 1987 , the arrangements which the Community applies to trade with Malta within the context of the Association with that country ;

Whereas , the Council adopted Regulation ( EEC ) No 2357 / 86 determining the arrangements to be applied HAS ADOPTED THIS REGULATION : with regard to imports into Greece of certain products originating in Malta ( 2 );

Whereas , since a Protocol as provided for in Articles 179 Article 1 and 366 of the Act of Accession of Spain and Portugal does not exist , the Community must take the measures referred 1 . From 1 January to 31 December 1987 imports into the to in Articles 180 and 367 of that Act ; whereas this Community , as constituted on 31 December 1985 , of the Regulation applies , therefore , to the Community as products listed in the Annex and in Malta shall be subject constituted on 31 December 1985 ; to annual ceilings and Community surveillance.

Whereas the abovementioned Additional Protocol makes provision for the total abolition of customs duties in respect The description of the products referred to in the first of the products to which the Agreement applies ; whereas , subparagraph , their tariff headings and statistical numbers however , for a number of products exemption from duties and the ceilings shall be as set out in the Annex . is subject to ceilings above which the customs duties applicable to third countries may be re-established ; whereas , the ceilings to be applied in 1987 should therefore be determined ; whereas the application of ceilings requires 2 . Quantities shall be charged against the ceilings as and that the Community be regularly informed on imports of when products are entered with customs authorities for free the products in question originating in Malta ; whereas it is circulation and accompanied by a movement certificate in therefore desirable that imports of these products be accordance with the rules contained in the Protocol subjected to a system of surveillance ; concerning the definition of the concept of 'originating products' and methods of administrative cooperation annexed to the Protocol laying down certain provisions Whereas this objective may be achieved by means of an relating to the Agreement establishing an association administrative procedure based on charging imports of the between the European Economic Community and Malta ( 3 ).

H OJ No L 304 , 29 . 11 . 1977 , p . 2 . ( 2 ) OJ No L 205 , 29 . 7 . 1986 , p . 9 . ( 3 ) OJ No L 111 , 28 . 4 . 1976 , p. 3 .

31 . 12 . 86 Official Journal of the European Communities No L 374 / 11

Goods may be charged against the ceiling only if the 4 . Member States shall forward to the Commission not movement certificate is submitted before the date on which later than the 15th day of each month statements of the customs duties are reimposed . quantities charged during the preceding month . If the Commission so requests , they shall provide such statements The extent to which a ceiling is used up shall be determined for periods of 10 days and forward them within five clear at Community level on the basis of the imports charged days of the end of each 10-day period . against it in the manner defined in the preceding subparagraphs . Article 2 Member States shall inform the Commission , at the intervals and within the time limits specified in The Commission shall take all appropriate measures, in paragraph 4 , of imports effected in accordance with the close cooperation with the Member States, for the purposes above procedures . of applying this Regulation .

3 . As soon as the ceilings have been reached , the Commission may adopt a Regulation re-establishing until Article 3 the end of the calendar year the customs duties applicable to third countries . This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 16 December 1986 .

For the Council

The President

G. HOWE

No L 374 / 12 Official Journal of the European Communities 31 . 12 . 86

ANNEX

List of products subject to import ceilings in 1987

CCT Serial Level NIMEXE No heading Description code of ceiling No ( tonnes ) 1 2 3 4 5 11.0010 55.05 55.05-all Cotton yarn , not put up for retail sale Ceiling numbers delayed 11.0020 55.09 Other woven fabrics of cotton 55.09-all Ceiling numbers delayed 11.0030 56.04 Man-made fibres ( discontinuous or waste ), carded , combed or otherwise 56.04-all Ceiling prepared for spinning numbers delayed 11.0040 60.05 Outer garments and other articles , knitted or crocheted , not elastic 60.05-all Ceiling numbers delayed 11.0050 61.01 Men's and boys' outer garments 61 . 01 - all 1 326 numbers