# L_2006007EN.01000801.xml

| 12.1.2006 | EN | Official Journal of the European Union | L 7/8 |
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12.1.2006

EN

Official Journal of the European Union

L 7/8

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COMMISSION REGULATION (EC) No 35/2006

of 11 January 2006

amending Annexes I, V and VII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), and in particular Article 19 thereof,

Whereas:

| (1) | For the implementation of the Memorandum of Understanding between the European Commission and its Chinese counterpart it is necessary to reintroduce the original provisions under Annex I regarding the product description. |
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(1)

For the implementation of the Memorandum of Understanding between the European Commission and its Chinese counterpart it is necessary to reintroduce the original provisions under Annex I regarding the product description.

| (2) | The Council has approved by Decision 2005/948/EC (2) the signing and the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products. |
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(2)

The Council has approved by Decision 2005/948/EC (2) the signing and the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products.

| (3) | Regulation (EEC) No 3030/93 should therefore be amended accordingly. |
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(3)

Regulation (EEC) No 3030/93 should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93, |
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(4)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3030/93 is amended as follows:

| 1. | in Annex I, paragraph 2 is replaced by the following:






  ‘2. | When the constitutive material of the products of categories 1 to 114 originating in Vietnam and China is not specifically mentioned, these products shall be taken to be made exclusively of wool of or fine animal hair, of cotton or of man-made fibres.’; |
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1.

in Annex I, paragraph 2 is replaced by the following:

‘2.

| 2. | Annex V is replaced by the text in Annex I to this Regulation; |
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2.

Annex V is replaced by the text in Annex I to this Regulation;

| 3. | in Annex VII, the table is replaced by the table in Annex II to this Regulation. |
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3.

in Annex VII, the table is replaced by the table in Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply with effect from 1 January 2006.

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

Done at Brussels, 11 January 2006.

For the Commission

Peter MANDELSON

Member of the Commission

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(1)  
  OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1478/2005 (OJ L 236, 13.9.2005, p. 3).

1

(2)  
  OJ L 345, 28.12.2005, p. 21.

2

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ANNEX I

Annex V to Regulation (EEC) No 3030/93 is replaced by the following:

‘ANNEX V

COMMUNITY QUANTITATIVE LIMITS

(a)   applicable for the year 2006

| (The complete description of the goods is shown in Annex I) | Community quantitative limits |
| --- | --- |
| Third country | Category | Unit | 2006 |
| Belarus | GROUP IA | | |
| 1 | tonnes | 1 585 |
| 2 | tonnes | 6 000 |
| 3 | tonnes | 242 |
| GROUP IB | | |
| 4 | 1 000 pieces | 1 672 |
| 5 | 1 000 pieces | 1 105 |
| 6 | 1 000 pieces | 1 550 |
| 7 | 1 000 pieces | 1 252 |
| 8 | 1 000 pieces | 1 160 |
| GROUP IIA | | |
| 9 | tonnes | 363 |
| 20 | tonnes | 329 |
| 22 | tonnes | 524 |
| 23 | tonnes | 255 |
| 39 | tonnes | 241 |
| GROUP IIB | | |
| 12 | 1 000 pairs | 5 959 |
| 13 | 1 000 pieces | 2 651 |
| 15 | 1 000 pieces | 1 569 |
| 16 | 1 000 pieces | 186 |
| 21 | 1 000 pieces | 930 |
| 24 | 1 000 pieces | 844 |
| 26/27 | 1 000 pieces | 1 117 |
| 29 | 1 000 pieces | 468 |
| 73 | 1 000 pieces | 329 |
| 83 | tonnes | 184 |
| GROUP IIIA | | |
| 33 | tonnes | 387 |
| 36 | tonnes | 1 309 |
| 37 | tonnes | 463 |
| 50 | tonnes | 207 |
| GROUP IIIB | | |
| 67 | tonnes | 356 |
| 74 | 1 000 pieces | 377 |
| 90 | tonnes | 208 |
| GROUP IV | | |
| 115 | tonnes | 95 |
| 117 | tonnes | 2 100 |
| 118 | tonnes | 471 |
| Serbia (1) | GROUP IA | | |
| 1 | tonnes | |
| 2 | tonnes | |
| 2a | tonnes | |
| 3 | tonnes | |
| GROUP IB | | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIA | | |
| 9 | tonnes | |
| GROUP IIB | | |
| 15 | 1 000 pieces | |
| 16 | 1 000 pieces | |
| GROUP IIIB | | |
| 67 | tonnes | |
| Vietnam (2) | GROUP IB | | |
| 4 | 1 000 pieces | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIA | | |
| 9 | tonnes | |
| 20 | tonnes | |
| 39 | tonnes | |
| GROUP IIB | | |
| 12 | 1 000 pairs | |
| 13 | 1 000 pieces | |
| 14 | 1 000 pieces | |
| 15 | 1 000 pieces | |
| 18 | tonnes | |
| 21 | 1 000 pieces | |
| 26 | 1 000 pieces | |
| 28 | 1 000 pieces | |
| 29 | 1 000 pieces | |
| 31 | 1 000 pieces | |
| 68 | tonnes | |
| 73 | 1 000 pieces | |
| 76 | tonnes | |
| 78 | tonnes | |
| 83 | tonnes | |
| GROUP IIIA | | |
| 35 | tonnes | |
| 41 | tonnes | |
| GROUP IIIB | | |
| 10 | 1 000 pairs | |
| 97 | tonnes | |
| GROUP IV | | |
| 118 | tonnes | |
| GROUP V | | |
| 161 | tonnes | |

(The complete description of the goods is shown in Annex I)

Community quantitative limits

Third country

Category

Unit

2006

Belarus

GROUP IA

1

tonnes

1 585

2

tonnes

6 000

3

tonnes

242

GROUP IB

4

1 000 pieces

1 672

5

1 000 pieces

1 105

6

1 000 pieces

1 550

7

1 000 pieces

1 252

8

1 000 pieces

1 160

GROUP IIA

9

tonnes

363

20

tonnes

329

22

tonnes

524

23

tonnes

255

39

tonnes

241

GROUP IIB

12

1 000 pairs

5 959

13

1 000 pieces

2 651

15

1 000 pieces

1 569

16

1 000 pieces

186

21

1 000 pieces

930

24

1 000 pieces

844

26/27

1 000 pieces

1 117

29

1 000 pieces

468

73

1 000 pieces

329

83

tonnes

184

GROUP IIIA

33

tonnes

387

36

tonnes

1 309

37

tonnes

463

50

tonnes

207

GROUP IIIB

67

tonnes

356

74

1 000 pieces

377

90

tonnes

208

GROUP IV

115

tonnes

95

117

tonnes

2 100

118

tonnes

471

Serbia (1)

GROUP IA

1

tonnes

2

tonnes

2a

tonnes

3

tonnes

GROUP IB

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIA

9

tonnes

GROUP IIB

15

1 000 pieces

16

1 000 pieces

GROUP IIIB

67

tonnes

Vietnam (2)

GROUP IB

4

1 000 pieces

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIA

9

tonnes

20

tonnes

39

tonnes

GROUP IIB

12

1 000 pairs

13

1 000 pieces

14

1 000 pieces

15

1 000 pieces

18

tonnes

21

1 000 pieces

26

1 000 pieces

28

1 000 pieces

29

1 000 pieces

31

1 000 pieces

68

tonnes

73

1 000 pieces

76

tonnes

78

tonnes

83

tonnes

GROUP IIIA

35

tonnes

41

tonnes

GROUP IIIB

10

1 000 pairs

97

tonnes

GROUP IV

118

tonnes

GROUP V

161

tonnes

(b)   applicable for the years 2005, 2006 and 2007

| (The complete description of the goods is shown in Annex I) | Agreed levels |
| --- | --- |
| Third country | Category | Unit | 11 June to 31 December 2005 (3) | 2006 | 2007 |
| China | GROUP IA | | | | |
| 2 (including 2a) | tonnes | 20 212 | 61 948 | 69 692 |
| GROUP IB | | | | |
| 4 (4) | 1 000 pieces | 161 255 | 540 204 | 594 225 |
| 5 | 1 000 pieces | 118 783 | 189 719 | 219 674 |
| 6 | 1 000 pieces | 124 194 | 338 923 | 382 880 |
| 7 | 1 000 pieces | 26 398 | 80 493 | 88 543 |
| GROUP IIA | | | | |
| 20 | tonnes | 6 451 | 15 795 | 17 770 |
| 39 | tonnes | 5 521 | 12 349 | 13 892 |
| GROUP IIB | | | | |
| 26 | 1 000 pieces | 8 096 | 27 001 | 29 701 |
| 31 | 1 000 pieces | 108 896 | 219 882 | 248 261 |
| GROUP IV | | | | |
| 115 | tonnes | 2 096 | 4 740 | 5 214 |

(The complete description of the goods is shown in Annex I)

Agreed levels

Third country

Category

Unit

11 June to 31 December 2005 (3)

2006

2007

China

GROUP IA

2 (including 2a)

tonnes

20 212

61 948

69 692

GROUP IB

4 (4)

1 000 pieces

161 255

540 204

594 225

5

1 000 pieces

118 783

189 719

219 674

6

1 000 pieces

124 194

338 923

382 880

7

1 000 pieces

26 398

80 493

88 543

GROUP IIA

20

tonnes

6 451

15 795

17 770

39

tonnes

5 521

12 349

13 892

GROUP IIB

26

1 000 pieces

8 096

27 001

29 701

31

1 000 pieces

108 896

219 882

248 261

GROUP IV

115

tonnes

2 096

4 740

5 214

‘Appendix A to Annex V

| Category | Third country | Remarks |
| --- | --- | --- |
| 4 | China | For the purpose of setting off exports against the agreed levels a conversion rate of five garments (other than babies’ garments) of a maximum commercial size of 130 cm for three garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the agreed levels.
  The export licence concerning these products must bear, in box 9, the words “The conversion rate for garments of a commercial size of not more than 130 cm must be applied” |

Category

Third country

Remarks

4

China

For the purpose of setting off exports against the agreed levels a conversion rate of five garments (other than babies’ garments) of a maximum commercial size of 130 cm for three garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the agreed levels.

The export licence concerning these products must bear, in box 9, the words “The conversion rate for garments of a commercial size of not more than 130 cm must be applied”

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(1)  Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

1

(2)  Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

2

(3)  Imports into the Community of products which were shipped to the Community before 11 June 2005 but presented for free circulation on or after that date shall not be subject to quantitative limits. Import authorisations for such products shall be granted automatically and without quantitative limits by the competent authorities of the Member States, upon adequate proof, such as the bill of lading, and the presentation of a signed declaration by the importer, that the goods have been shipped to the Community before that date. By way of derogation of Article 2(2) of Regulation (EEC) No 3030/93, imports of goods shipped before 11 June 2005 shall also be released for free circulation upon the presentation of a surveillance document issued in accordance with Article 10a(2a) of Regulation (EEC) No 3030/93.

3

Import authorisations for goods shipped to the Community between 11 June 2005 and 12 July shall be granted automatically and cannot be denied on the grounds that there are no quantities available within the 2005 quantitative limits. However, the import of all products shipped from 11 June 2005 will be counted against the 2005 quantitative limits.

The granting of import authorisations will not require the presentation of the corresponding export licenses for goods shipped to the Community before China has put in place its export licensing system (20 July 2005).

Applications for import licences for the import, from the date of entry into force of this Regulation, of goods that have been shipped between 11 June 2005 and 19 July 2005 (inclusive) shall be presented to the competent authorities of a Member State no later than 20 September 2005.

Goods shipped before 12 July do not need to have been shipped directly to the Community to benefit from the exemption of quantitative limits, although the competent authorities of the Community may deny such benefits if they have reasons to suspect that they have been shipped to another destination before 12 July in order to circumvent this Regulation, in case such transactions do not respond to normal business practices or purely logistical reasons. By way of example, are considered as corresponding to a normal conduct of business goods shipped to distribution centres for the importing companies, or when the importer can present a contract or letter of credit preceding the date of shipment, or when the goods have been transhipped outside China onto another means of transport within a reasonably short period of time.

The increases to the agreed levels introduced by the Regulation are made available to enable the issuance of import licences for goods shipped to the Community between 13 and 19 July 2005, or for goods shipped to the Community after 20 July 2005 with a valid Chinese export licence, which are in excess of the agreed levels introduced by Commission Regulation (EC) No 1084/2005 (OJ L 177, 9.7.2005, p. 19) in Annex V to Regulation (EEC) No 3030/93.

Should any goods shipped to the Community between 13 and 19 July 2005 exceed these levels, the Commission may authorise the issuance of further import licences after informing the Textiles Committee, and after effecting the transfer of 2 072 924 kg of products of category 2 as provided for in Annex VIII.

(4)  See Appendix A.

4

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ANNEX II

In Annex VII to Regulation (EEC) No 3030/93 the table is replaced by the following:

‘TABLE

COMMUNITY QUANTITATIVE LIMITS FOR GOODS REIMPORTED UNDER OPT

| Community quantitative limits |
| --- |
| Third country | Category | Unit | 2006 |
| Belarus | GROUP IB | | |
| 4 | 1 000 pieces | 5 055 |
| 5 | 1 000 pieces | 7 047 |
| 6 | 1 000 pieces | 9 398 |
| 7 | 1 000 pieces | 7 054 |
| 8 | 1 000 pieces | 2 402 |
| GROUP IIB | | |
| 12 | 1 000 pairs | 4 749 |
| 13 | 1 000 pieces | 744 |
| 15 | 1 000 pieces | 4 120 |
| 16 | 1 000 pieces | 839 |
| 21 | 1 000 pieces | 2 741 |
| 24 | 1 000 pieces | 706 |
| 26/27 | 1 000 pieces | 3 434 |
| 29 | 1 000 pieces | 1 392 |
| 73 | 1 000 pieces | 5 337 |
| 83 | tonnes | 709 |
| GROUP IIIB | | |
| 74 | 1 000 pieces | 931 |
| Serbia (1) | GROUP IB | | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIB | | |
| 15 | 1 000 pieces | |
| 16 | 1 000 pieces | |
| Vietnam (2) | GROUP IB | | |
| 4 | 1 000 pieces | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIB | | |
| 12 | 1 000 pairs | |
| 13 | 1 000 pieces | |
| 15 | 1 000 pieces | |
| 18 | tonnes | |
| 21 | 1 000 pieces | |
| 26 | 1 000 pieces | |
| 31 | 1 000 pieces | |
| 68 | tonnes | |
| 76 | tonnes | |
| 78 | tonnes | |

Community quantitative limits

Third country

Category

Unit

2006

Belarus

GROUP IB

4

1 000 pieces

5 055

5

1 000 pieces

7 047

6

1 000 pieces

9 398

7

1 000 pieces

7 054

8

1 000 pieces

2 402

GROUP IIB

12

1 000 pairs

4 749

13

1 000 pieces

744

15

1 000 pieces

4 120

16

1 000 pieces

839

21

1 000 pieces

2 741

24

1 000 pieces

706

26/27

1 000 pieces

3 434

29

1 000 pieces

1 392

73

1 000 pieces

5 337

83

tonnes

709

GROUP IIIB

74

1 000 pieces

931

Serbia (1)

GROUP IB

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIB

15

1 000 pieces

16

1 000 pieces

Vietnam (2)

GROUP IB

4

1 000 pieces

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIB

12

1 000 pairs

13

1 000 pieces

15

1 000 pieces

18

tonnes

21

1 000 pieces

26

1 000 pieces

31

1 000 pieces

68

tonnes

76

tonnes

78

tonnes

| Third country | Category | Unit | Specific agreed levels |
| --- | --- | --- | --- |
| 11 June to 31 December 2005 (3) | 2006 | 2007 |
| China | GROUP IB | | | | |
| 4 | 1 000 pieces | 208 | 408 | 449 |
| 5 | 1 000 pieces | 453 | 886 | 975 |
| 6 | 1 000 pieces | 1 642 | 3 216 | 3 538 |
| 7 | 1 000 pieces | 439 | 860 | 946 |
| GROUP IIB | | | | |
| 26 | 1 000 pieces | 791 | 1 550 | 1 705 |
| 31 | 1 000 pieces | 6 301 | 12 341 | 13 575 |

Third country

Category

Unit

Specific agreed levels

11 June to 31 December 2005 (3)

2006

2007

China

GROUP IB

4

1 000 pieces

208

408

449

5

1 000 pieces

453

886

975

6

1 000 pieces

1 642

3 216

3 538

7

1 000 pieces

439

860

946

GROUP IIB

26

1 000 pieces

791

1 550

1 705

31

1 000 pieces

6 301

12 341

13 575

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(1)  Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

1

(2)  Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

2

(3)  The relevant textile products sent from the Community to the People’s Republic of China for processing before 11 June 2005 and reimported into the Community after that date will, upon adequate proof such as the export declaration, benefit from these provisions.’

3

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