COUNCIL REGULATION (EEC) No 4228/88 of 19 December 1988 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1989)

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 provisions of the Additional Protocol to the Agreement establishing an association between the European Economic Community and Malta (1), have lapsed; whereas a complementary Protocol which prolongs until 31 December 1990 the duration of the first stage of the Agreement has been signed; whereas, pending the entry into force of the complementary Protocol, the arrangements which the Community applies to trade with Malta within the context of the association with that country should be extended for 1989;

Whereas the Council has adopted Regulation (EEC) No 2357/86 of 24 July 1986 amending Regulation (EEC) No 3555/80, (EEC) No 3394/85 and (EEC) No 3668/85 as regards imports into Greece of certain products originating in Malta (2); whereas, since a Protocol as provided for in Articles 179 and 366 of the Act of Accession of Spain and Portugal does not exist, the Community must take the measures referred to in Articles 180 and 367 of that Act; whereas this Regulation applies to the Community as constituted on 31 December 1985;

Whereas the abovementioned Additional Protocol provides 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 reimposed; whereas the ceilings to be applied in 1989 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 reimposed 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 cooperation has to be particularly close since the Commission must be able to take appropriate measures to reimpose customs tariffs if one of the ceilings is reached,

HAS ADOPTED THIS REGULATION:

Article 1 1. From 1 January to 31 December 1989, imports into the Community as constituted on 31 December 1985 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.

2. Quantities shall be charged against the ceilings as and when the products are entered whith 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 (3).

Goods may be charged against the ceiling only if the movement certificate is submitted before the date on which customs duties are reimposed.

The extent to which a ceiling is used up shall be determined 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.

3. As soon as the ceilings have been reached, the Commission may adopt a Regulation reimposing 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.

Article 2 The Commission, in close cooperation with the Member States, shall take all appropriate measures for the purposes of applying this Regulation.

Article 3 This Regulation shall enter into force on 1 January 1989.

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

Done at Brussels, 19 December 1988.

For the Council The President Th. PANGALOS EWG:L371UMBE13.95 FF: 3UEN; SETUP: 01; Hoehe: 760 mm; 112 Zeilen; 5473 Zeichen;

Bediener: UTE0 Pr.: C;

Kunde: ................................

(1) 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. ANNEX List of products subject to import ceilings in 1989 Order No CN code Description Level of ceiling (tonnes) ex 5204 Cotton sewing thread, whether or not put up for retail sale:

-Not put up for retail sale:

11.0010 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 of heading No 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics:

ex 5604 90 00 -Other:

--Of cotton ex 5208 Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing not more than 200 g/m² 11.0020 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 of heading No 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 aa A A A A A A A A A A A A a A A A A A A A A A A A A s application of ceiling suspended aa A A A A A A A A A A A A A A A A a A A A A A A A A A A A A A A A A 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 of heading No 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 of heading No 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 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A a A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A application of ceiling suspended EWG:L371UMBE14.96 FF: 3UEN; SETUP: 01; Hoehe: 1963 mm; 323 Zeilen; 4547 Zeichen;

Bediener: HELM Pr.: C;

Kunde: 43376 Montan England 14

Amendments and corrections
December 31, 1989	See Art. 1
April 1, 1989	Modified by 31989R1638 - detail
January 1, 1989	Entry into force - See Art 3

Council Regulation (EEC) No 4228/88 of 19 December 1988 establishing ceilings and Community surveillance for imports of certain products originating in Malta (1989)