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
procedure must make provision for the possibility of
customs tariff 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 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
reached ,
HAS ADOPTED THIS REGULATION :
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 ( ! ) have
lapsed ;
Whereas , pending the entry into force of a new Protocol , it
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
with regard to 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 , therefore , to the Community as
constituted on 31 December 1985 ;
Whereas the abovementioned Additional Protocol makes
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
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
that the Community be regularly informed on imports of
the products in question originating in Malta ; whereas it is
therefore desirable that imports of these products be
subjected to a system of surveillance ;
Whereas this objective may be achieved by means of an
administrative procedure based on charging imports of the
Article 1
1 . From 1 January to 31 December 1987 imports into the
Community , as constituted on 31 December 1985 , of the
products listed in the Annex and in Malta shall be subject
to annual ceilings and Community surveillance .
The description of the products referred to in the first
subparagraph , their tariff headings and statistical numbers
and the ceilings shall be as set out in the Annex .
2 . Quantities shall be charged against the ceilings as and
when products are entered with customs authorities for free
circulation and 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 ).
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
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 , at the
intervals and within the time limits specified in
paragraph 4 , of imports effected in accordance with the
above procedures .
3 . As soon as the ceilings have been 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 forward to 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 shall take all appropriate measures , in
close cooperation with the Member States , for the purposes
of applying this Regulation .
Article 3
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
Serial
No
CCT
heading
No
Description NIMEXE
code
Level
of ceiling
( tonnes )
1 2 3 4 5
11.0010
11.0020
11.0030
11.0040
11.0050
55.05
55.09
56.04
60.05
61.01
Cotton yarn , not put up for retail sale
Other woven fabrics of cotton
Man-made fibres ( discontinuous or waste ), carded , combed or otherwise
prepared for spinning
Outer garments and other articles , knitted or crocheted , not elastic
Men's and boys' outer garments
55.05-all
numbers
55.09-all
numbers
56.04-all
numbers
60.05-all
numbers
61 .01 -all
numbers
Ceiling
delayed
Ceiling
delayed
Ceiling
delayed
Ceiling
delayed
1 326
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