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Whereas:

(1) The Agreement establishing an Association between the European Economic Community and Malta, (hereinafter referred to as the "Association Agreement"), approved by Regulation (EEC) No 492/71(1) provides for tariff concessions for processed agricultural products originating in Malta.

(2) A trade agreement has been concluded, which amends the Association Agreement. The agreement aims to improve economic convergence in preparation for the accession of Malta to the European Union and is scheduled to enter into force no later than 1 November 2003. On the Community side that agreement lays down concessions in the form of complete liberalisation of trade for certain processed agricultural products and duty-free quotas for others. For imports outside of those quotas the provisions laid down in the Association Agreement continue to apply.

(3) Because the procedure for adopting a decision to amend the Association Agreement will not be completed in time for it to enter into force on 1 November 2003, it is necessary to provide for the application of the tariff concessions made to Malta on an autonomous basis as from 1 November 2003.

(4) For the importation of certain processed agricultural products no customs duties should be applied and for others duty-free quotas should be opened.

(5) Certain processed agricultural products not covered by Annex I to the Treaty should not be eligible for export refunds under Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds(2).

(6) On processed agricultural products covered by the Association Agreement but not listed in this Regulation or for which the tariff quotas opened by this Regulation are exhausted, the trade provision laid down in the Association Agreement should continue to apply.

(7) 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 of the Combined Nomenclature originating in Malta(3) should continue to apply for certain goods covered by it but not listed in this Regulation and for certain other goods covered by it, for which the tariff quotas opened by this Regulation are exhausted.

(8) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) provides for a system for managing tariff quotas. The tariff quotas opened by this Regulation should be managed by the Community authorities and the Member States in accordance with that system.

(9) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5), HAS ADOPTED THIS REGULATION: