Council Regulation (EC) No 3010/95 of 18 December 1995 totally or partially suspending the customs duties applicable to certain products falling within Chapters 1 to 24 and Chapter 27 of the Combined Nomenclature originating in Malta and Turkey (1995)

The following products shall be accepted for import into the Community subject to the customs duties indicated for each of them, from 1 January to 31 December 1995: products falling within Chapters 1 to 24 of the Combined Nomenclature originating in Malta and in Turkey and listed in Annexes I and II, and petroleum products refined in Turkey falling within Chapter 27 of the Combined Nomenclature and listed in Annex III.

For the purposes of applying this Regulation, the rules of origin shall be those in force at any given time for the purposes of the Agreements establishing an association between the European Economic Community and Malta and the European Economic Community and Turkey respectively. The methods of administrative cooperation intended to ensure that products originating in Turkey and listed in Annexes II and III are accorded total or partial suspension of customs duties shall be those estblaished by Decision No 5/72 of the Association Council attached to Regulation (EEC) No 428/93 .

The duties applicable may be reintroduced in full or in part in respect of products covered by the arrangements set out in Article 1 imported in quantities or at prices such that they cause or may cause material injury to Community producers of similar products or products with which they are in direct competition. Such a measure may also be adopted in case of material injury or threat of material injury limited to a single Community region.

With a view to implementing Article 3, the Commission may adopt a regulation reintroducing the levying of customs duties for a certain period. Such measure shall be adopted in accordance with the procedure laid down in Article 6(2).

1 Subject to the procedure provided for in Regulation (EC) No 3448/93, the implementing provisions for this Regulation, and in particular: (a) amendments and technical adaptations made necessary by amendment of the combined Nomenclature and Taric codes; (b) the extension of tariff measures under the Agreements covered by this Regulation; (c) adaptations made necessary by the conclusion by the Council of protocols or exchanges of letters between the Community and the countries concerned; (d) amendments to this Regulation resulting from any other act adopted by the Council under agreements or regulations covered by this Regulation; shall be adopted in accordance with the procedure laid down in Article 6 (2).

2 The provisions adopted pursuant to paragraph 1 do not authorize the Commission to: carry over preferential quantities from one quota period to another, amend the timetables laid down in the Agreements or ptotocols, transfer quantities from one quota to another, open and administer quotas resulting from new agreements, adopt legislation affecting the administration of quotas subject to import certificates.

1 The Commission shall be assisted by the Customs Code Committee set up by Article 247 of Regulation (EEC) No 2913/92 .

2 The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt measures which shall apply immediately. However, if those measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission shall defer application of the measures which it has decided for three months from the date of such communication. The Council, acting by qualified majority, may take a different decision within the period referred to in the second subparagraph.

3 The Committee may examine any question concerning the application of this Regulation which is raised by its chairman either on his own initiative or at the request of a Member state.

The Commission shall, in close cooperation with the Member States, take all necessary measures to ensure that this Regulation is applied.

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1995.