Council Regulation (EC) No 391/2001
of 26 February 2001
amending Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Textiles imports for which no valid import authorisations are available are sometimes taken into the possession of the competent authorities of the Member States, particularly in the context of bankruptcy or similar proceedings. In such cases it should be possible in particular circumstances for the Member State concerned to apply to dispose of the products within the Community.
(2) Regulation (EEC) No 3030/93(1) makes provision for a double-checking system relying on the issue of export and import licences in paper form. In the light of technological progress it is appropriate to provide for the possibility of transmitting the necessary information in electronic form.
(3) It is appropriate to allow the Member States to extend the period of validity of import authorisations for two periods of three months rather than one period.
(4) The provisions of the double-checking system for products subject to surveillance should contain the same possibilities of extending the periods of validity of import authorisations as those concerning the double-checking system for administering quantitative limits.
(5) Where goods are the subject of a single import licence and are classified in the same category and are within a trade flow between the same exporter and the same importer it should be possible to present a single certificate of origin covering more than one consignment of goods.
(6) The measures necessary for the implementation of Regulation (EEC) No 3030/93 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(2).
(7) It should be made clear that the grant of additional amounts provided for in column 9 of Annex VIII is subject to the regulatory committee procedure,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3030/93 is hereby amended as follows:
1. in Article 2 the following paragraph shall be added:
"8. At the request of the Member State concerned, textile products in the possession of the competent authorities of that Member State, particularly in the context of bankruptcy or similar procedures, for which a valid import authorisation is no longer available, may be released into free circulation in accordance with the procedure laid down in Article 17(2).";
2. Article 12(5) shall be replaced by the following:
"5. The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import authorisation or at the time of its expiry. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each category of product and each third country concerned.";
3. in Article 16(1) the expression "Article 17(5)" shall be replaced by "Article 17a".
4. Article 17 shall be replaced by the following Articles
"Article 17
The textile committee
1. The Commission shall be assisted by a committee (hereinafter referred to as the 'textile committee').
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.
3. The textile committee shall adopt its rules of procedure.
Article 17a
The chairman may, on his own initiative or at the request of one of the Member States representatives, consult the textile committee about any other matter relating to the operation or application of this Regulation.";
5. Annexes III and VIII shall be amended in accordance with the Annex hereto.
Article 2
This Regulation shall enter into force on the first day of the second month following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 February 2001.