Council Regulation (EEC) No 3608/89 of 20 November 1989 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1990)
Avis juridique important
Council Regulation (EEC) No 3608/89 of 20 November 1989 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1990) Official Journal L 352 , 04/12/1989 P. 0034 - 0040
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,
HAS ADOPTED THIS REGULATION:
Article 1 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.
Article2¶
The Commission, in close cooperation with the Member States, shall take all appropriate measures for the purposes of applying this Regulation.
Article3¶
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.
Done at Brussels, 20 November 1989.
For the Council
The President
H. NALLET
ANNEX List of products subject to import ceilings in 1990
Order
No
CN code (¹)
Description
Level of ceiling
(tonnes)
11.0010
ex 5204
Cotton sewing thread, whether or not put up for retail sale:
-Not put up for retail sale:
ex 5204 11 00
--Containing 85 % or more by weight of cotton
ex 5204 19 00
--Other
ex 5205
Cotton yarn (other than sewing thread), containing 85 % or more by weight of cotton, not put up for retail sale
ex 5206
Cotton yarn (other than sewing thread), containing less than 85 % by weight of cotton, not put up for retail sale
ex 5604
Rubber thread and cord, textile covered; textile yarn, and strip and the like falling within code 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics:
ex 5604 90 00
-Other:
--Of cotton
11.0020
ex 5208
Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing not more than 200 g/m²
ex 5209
Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more than 200 g/m²
ex 5210
Woven fabrics of cotton, containing less than 85 % by weight of cotton, mixed mainly or solely with man-made fibres, weighing not more than 200 g/m²
ex 5211
Woven fabrics of cotton, containing less than 85 % by weight of cotton, mixed mainly or solely with man-made fibres, weighing more than 200 g/m²
ex 5212
Other woven fabrics of cotton
ex 5801
Woven pile fabrics and chenille fabrics, other than fabrics falling within code 5802 or 5806:
-Of cotton:
ex 5801 21 00
--Uncut weft pile fabrics
ex 5811 00 00
Quilted textile products of cotton in the piece, composed of one or more layers of textile materials assembled with padding by stitching or otherwise, other than embroidery of heading No 5810
ex 6308 00 00
Sets consisting of woven fabric and yarn, of cotton, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale
11.0030
ex 5506
Synthetic staple fibres, carded, combed or otherwise processed for spinning
ex 5507 00 00
Artificial staple fibres, carded, combed or otherwise processed for spinning
(¹) The Taric codes are to be found on the last page of this Annex.
aa
A
A
A
A
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a
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s
application
of ceiling
suspended
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A
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s
application
of ceiling
suspended
aa
A
a
A
s
application
of ceiling
suspended
Order
No
CN code
Description
Level of ceiling
(tonnes)
11.0040
ex 5608
Knotted netting of twine, cordage or rope; made-up fishing nets and other made-up nets, of textile materials:
-Of man-made textile materials:
ex 5608 19
--Other:
---Made-up nets:
----Of nylon or other polyamides:
ex 5608 19 19
-----Other
----Other:
ex 5608 19 39
-----Other
ex 5608 90 00
-Other
ex 6101
Men's or boys' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those falling within code 6103
ex 6102
Women's or girls' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those falling within code 6104
ex 6103
Men's or boys' suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted
ex 6104
Women's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted
ex 6106
Women's or girls' blouses, shirts and shirt-blouses, knitted or crocheted
ex 6107
Men's or boys' underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles, knitted or crocheted:
-Other:
ex 6107 91 00
--Of cotton
ex 6107 92 00
--Of man-made fibres
ex 6107 99 00
--Of other textile materials
ex 6108
Women's or girls' slips, petticoats, briefs, panties, nightdresses, pyjamas, négligés, bathrobes, dressing gowns and similar articles, knitted or crocheted:
-Other:
ex 6108 91 00
--Of cotton
ex 6108 92 00
--Of man-made fibres
ex 6108 99
--Of other textile materials:
ex 6108 99 10
---Of wool or fine animal hair
ex 6108 99 90
---Of other textile materials
ex 6110
Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted:
ex 6110 10
-Of wool or fine animal hair:
--Other:
---Men's or boys':
ex 6110 10 31
----Of wool
ex 6110 10 39
----Of fine animal hair
---Women's or girls':
ex 6110 10 91
----Of wool
ex 6110 10 99
----Of fine animal hair
aa
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A
A
A
A
A
A
A
A
A
A
application
of ceiling
suspended
Order
No
CN code
Description
Level of ceiling
(tonnes)
11.0040
(cont'd)
ex 6110 20
-Of cotton:
--Other:
ex 6110 20 91
---Men's or boys'
ex 6110 20 99
---Women's or girls'
ex 6110 30
-Of man-made fibres:
--Other:
ex 6110 30 91
---Men's or boys'
ex 6110 30 99
---Women's or girls'
ex 6110 90
-Of other textile materials:
ex 6110 90 10
--Of flax or ramie
ex 6110 90 90
--Other
ex 6111
Babies' garments and clothing accessories, knitted or crocheted:
ex 6111 10
-Of wool or fine animal hair:
ex 6111 10 90
--Other
ex 6111 20
-Of cotton:
ex 6111 20 90
--Other
ex 6111 30
-Of synthetic fibres:
ex 6111 30 90
--Other
ex 6111 90 00
-Of other textile materials
ex 6112
Track suits, ski suits and swimwear, knitted or crocheted:
-Track suits:
ex 6112 11 00
--Of cotton
ex 6112 12 00
--Of synthetic fibres
ex 6112 19 00
--Of other textile materials
ex 6112 20 00
-Ski suits
-Men's or boys' swimwear:
ex 6112 31
--Of synthetic fibres:
ex 6112 31 90
---Other
ex 6112 39
--Of other textile materials:
ex 6112 39 90
---Other
-Women's or girls' swimwear:
ex 6112 41
--Of synthetic fibres:
ex 6112 41 90
---Other
ex 6112 49
--Of other textile materials:
ex 6112 49 90
---Other
ex 6113 00
Garments, made up of knitted or crocheted fabrics falling within code 5903, 5906 or 5907:
ex 6113 00 90
-Other
ex 6114
Other garments, knitted or crocheted
ex 6117
Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories
ex 6301
Blankets and travelling rugs:
ex 6301 20
-Blankets (other than electric blankets) and travelling rugs, of wool or of fine animal hair:
ex 6301 20 10
--Knitted or crocheted
A
A
A
A
A
A
A
A
A
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A
A
A
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a
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application
of ceiling
suspended
(cont'd)
Order
No
CN code
Description
Level of ceiling
(tonnes)
11.0040
(cont'd)
ex 6301 30
ex 6301 30 10
-Blankets (other than electric blankets) and travelling rugs, of cotton:
--Knitted or crocheted
ex 6301 40
-Blankets (other than electric blankets) and travelling rugs, of synthetic fibres:
ex 6301 40 10
--Knitted or crocheted
ex 6301 90
-Other blankets and travelling rugs:
ex 6301 90 10
--Knitted or crocheted
ex 6302
Bed linen, table linen, toilet linen and kitchen linen:
ex 6302 10
-Bed linen, knitted or crocheted:
ex 6302 10 10
--Of cotton
ex 6302 10 90
--Of other textile materials
ex 6302 40 00
-Table linen, knitted or crocheted
ex 6303
Curtains (including drapes) and interior blinds; curtain or bed valances:
-Knitted or crocheted:
ex 6303 11 00
--Of cotton
ex 6303 12 00
--Of synthetic fibres
ex 6303 19 00
--Of other textile materials
ex 6304
Other furnishing articles, excluding those falling within code 9404:
-Bedspreads:
ex 6304 11 00
--Knitted or crocheted
-Other:
ex 6304 91 00
--Knitted or crocheted
ex 6305
Sacks and bags, of a kind used for the packing of goods:
ex 6305 20 00
-Of cotton
-Of man-made textile materials:
ex 6305 31
--Of polyethylene or polypropylene strip or the like
ex 6305 39 00
--Other:
---Knitted or crocheted
ex 6305 90 00
-Of other textile materials:
--Knitted or crocheted
ex 6307
Other made up articles, including dress patterns:
ex 6307 10
-Floor-cloths, dish-cloths, dusters and similar cleaning cloths:
ex 6307 10 10
--Knitted or crocheted
ex 6307 90
-Other:
ex 6307 90 10
--Knitted or crocheted
11.0050
ex 6201
Men's or boys' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, other than those falling within code 6203
ex 6203
Men's or boys' suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear)
A
A
A
A
A
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A
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a
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A
A
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s
application
of ceiling
suspended
(cont'd)
aa
A
A
a
A
A
A
1 534
Order
No
CN code
Description
Level of ceiling
(tonnes)
11.0050
(cont'd)
ex 6207
Men's or boys' singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles:
-Other:
ex 6207 91 00
--Of cotton
ex 6207 92 00
--Of man-made fibres
ex 6207 99 00
--Of other textile materials
ex 6210
Garments, made up of fabrics falling within code 5602, 5603, 5903, 5906 or 5907:
ex 6210 10
-Of fabrics falling within code 5602 or 5603:
--Of fabrics falling within code 5603:
ex 6210 10 91
---In sterile packs
ex 6210 10 99
---Other
ex 6210 20 00
-Other garments, of the type described in code 6201 11 to 6201 19
ex 6210 40 00
-Other men's or boys' garments
ex 6211
Track suits, ski suits and swimwear; other garments:
-Swimwear:
ex 6211 11 00
--Men's or boys'
ex 6211 20 00
-Ski suits
-Other garments, men's or boys':
ex 6211 31 00
--Of wool or fine animal hair
ex 6211 32
--Of cotton:
ex 6211 32 10
---Industrial and occupational clothing
ex 6211 32 90
---Other
ex 6211 33
--Of man-made fibres:
ex 6211 33 10
---Industrial and occupational clothing
ex 6211 33 90
---Other
ex 6211 39 00
--Of other textile materials
ex 6217
Other made up clothing accessories; parts of garments or of clothing accessories, other than those falling within code 6212:
ex 6217 90 00
-Parts
A
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s
1 534
(cont'd)
*
Taric codes
Order No
CN code
Taric code
11.0010
ex 5604 90 00
5604 90 00*50
11.0020
ex 5811 00 00
5811 00 00*14
5811 00 00*91
5811 00 00*92
ex 6308 00 00
6308 00 00*11
6308 00 00*19
11.0040
ex 6305 39 00
6305 39 00*91
ex 6305 90 00
6305 90 00*10
6305 90 00*19