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( 1 ) OJ NO L 323 , 29 . 11 . 1980 , P . 1 .

( 2 ) OJ NO L 61 , 14 . 3 . 1971 , P . 3 .

COUNCIL REGULATION ( EEC ) NO 3723/84 OF 18 DECEMBER 1984 TOTALLY OR PARTIALLY SUSPENDING COMMON CUSTOMS TARIFF DUTIES ON CERTAIN PRODUCTS FALLING WITHIN CHAPTERS 1 TO 24 OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN MALTA ( 1985 )

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 COUNCIL REGULATION ( EEC ) NO 3033/80 OF 11 NOVEMBER 1980 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ( 1 ) , AND IN PARTICULAR ARTICLE 12 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , UNDER ANNEX I TO THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND MALTA ( 2 ) , THE COMMUNITY MUST PARTIALLY SUSPEND THE COMMON CUSTOMS TARIFF DUTIES APPLICABLE TO CERTAIN PRODUCTS ; WHEREAS IT ALSO APPEARS NECESSARY PROVISIONALLY TO ADJUST OR TO SUPPLEMENT CERTAIN OF THE TARIFF BENEFITS PROVIDED FOR IN THE ABOVEMENTIONED ANNEX ; WHEREAS , ACCORDINGLY , THE COMMUNITY SHOULD , IN RESPECT OF THE PRODUCTS ORIGINATING IN MALTA LISTED IN THE ANNEX TO THIS REGULATION , SUSPEND EITHER THE FIXED COMPONENT OF THE LEVY APPLICABLE TO GOODS COMING UNDER REGULATION ( EEC ) NO 3033/80 OR THE CUSTOMS DUTY APPLICABLE TO THE OTHER PRODUCTS FROM 1 JANUARY TO 31 DECEMBER 1985 AND AT THE LEVELS INDICATED FOR EACH OF THEM ;

WHEREAS IN THE ABSENCE OF A PROTOCOL PROVIDED FOR IN ARTICLE 118 OF THE 1979 ACT OF ACCESSION , THE COMMUNITY MUST TAKE THE MEASURES REFERRED TO IN ARTICLE 119 OF THAT ACT ; WHEREAS THE TARIFF MEASURE IN QUESTION WILL THEREFORE APPLY TO THE COMMUNITY OF NINE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1985 , THE PRODUCTS ORIGINATING IN MALTA LISTED IN THE ANNEX SHALL BE ADMITTED FOR IMPORT INTO THE COMMUNITY OF NINE AT THE CUSTOMS DUTIES INDICATED FOR EACH OF THEM .

2 . FOR THE PURPOSES OF THE APPLICATION OF THIS REGULATION , THE RULES OF ORIGIN SHALL BE THOSE IN FORCE AT THE TIME AS REGARDS THE IMPLEMENTATION OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND MALTA .

ARTICLE 2

WHEN PRODUCTS BENEFITING FROM THE ARRANGEMENTS PROVIDED FOR IN ARTICLE 1 ARE IMPORTED IN THE COMMUNITY IN SUCH QUANTITIES OR AT SUCH PRICES THAT COMMUNITY PRODUCERS OF PRODUCTS SIMILAR TO OR IN DIRECT COMPETITION WITH THEM SUFFER OR ARE LIKELY TO SUFFER FROM SERIOUS DISADVANTAGE , THE COMMON CUSTOMS TARIFF DUTIES MAY BE REINTRODUCED IN WHOLE OR IN PART ON THE PRODUCTS IN QUESTION . SUCH MEASURES MAY ALSO BE TAKEN IN THE EVENT OF ACTUAL OR POTENTIAL SERIOUS DISADVANTAGE IN A SINGLE REGION OF THE COMMUNITY .

ARTICLE 3

1 . IN ORDER TO ENSURE THE APPLICATION OF ARTICLE 2 , THE COMMISSION MAY DECIDE , BY MEANS OF A REGULATION , TO REINTRODUCE THE LEVYING OF CUSTOMS DUTIES FOR A LIMITED PERIOD .

2 . IN THE EVENT OF SUCH ACTION BEING REQUESTED BY A MEMBER STATE , THE COMMISSION SHALL TAKE A DECISION WITHIN A PERIOD OF NOT MORE THAN 10 WORKING DAYS FROM RECEIPT OF THE REQUEST AND SHALL INFORM THE MEMBER STATES OF THE ACTION TAKEN .

3 . ANY MEMBER STATE MAY REFER TO THE COUNCIL THE MEASURE TAKEN BY THE COMMISSION , WITHIN A PERIOD OF NOT MORE THAN 10 WORKING DAYS AFTER IT HAS BEEN INFORMED THEREOF . THE FACT THAT THE MATTER IS REFERRED TO THE COUNCIL SHALL NOT CAUSE THE MEASURE TO BE SUSPENDED . THE COUNCIL SHALL MEET IMMEDIATELY . IT MAY , ACTING ON A QUALIFIED MAJORITY , AMEND OR RESCIND THE MEASURE IN QUESTION .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1985 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 18 DECEMBER 1984 .

FOR THE COUNCIL

THE PRESIDENT

P . BARRY

ANNEX : SEE OJ NO L 343 OF 31 . 12 . 1984 .