COUNCIL REGULATION (EEC) No 1653/88 of 27 May 1988 amending Regulation (EEC) No 4134/86 on the arrangements for imports of certain textile products originating in Taiwan
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
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 Council Regulation (EEC) No 4134/86 (1), as last amended by Commission Regulation (EEC) No 3435/87 (2), made imports of certain textile products originating in Taiwan subject to common rules until 1991;
Whereas Regulation (EEC) No 4134/86 provided for the classification of textiles to be based on the nomenclature of the Common Customs Tariff and on the nomenclature of goods for the external trade statistics of the Community and the statistics of trade between Member States (NIMEXE);
Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3) introduced as from 1 January 1988 a goods nomenclature, known as the ´combined nomenclature' (CN), which satisfies in particular the needs of the external trade statistics of the Community; whereas the classification of textile products covered by Regulation (EEC) No 4134/86 is, for that reason, based on the combined nomenclature; whereas provision should be made for the importation and entry for free circulation in the Community from 1 January 1988 of certain textile products consigned by Taiwan before that date, the classification of which is altered by the entry into force of the combined nomenclature;
Whereas Regulation (EEC) No 4134/86 should therefore be amended accordingly,
(4) OJ No L 386, 31. 12. 1986, p. 1.
(5) OJ No L 327, 18. 11. 1987, p. 9.
(6) OJ No L 256, 7. 9. 1987, p. 1.
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 4134/86 is hereby amended as follows:
1. Article 1 (2) is replaced by the following:
´2. Classification shall be based on the combined nomenclature (CN).';
2. Article 2 (6) is replaced by the following:
´6. The definition of quantitative limits laid down in Annex II and the categories of products to which they apply shall be adapted in accordance with the procedure laid down in Article 11, where this proves necessary to ensure that any subsequent amendment to the combined nomenclature or any decision amending the classification of such products does not result in a reduction of such quantitative limits.';
3. the following three paragraphs are added to Article 2:
´7. The quantitative limits laid down in this Article shall not apply to products which were not subject to quantitative import limits before 1 January 1988 and which, as a result of the entry into force of the combined nomenclature, are from that date to be classified in one or more of the categories of products referred to in Annex II.
This provision shall apply only to products shipped from Taiwan to the Community before 1 January 1988.
8. Entry for free circulation of products falling within one or more categories of products, the importation of which was subject to a quantitative limit before 1 January 1988, shall continue under the same import conditions as before that date even where, as a result of the entry into force of the combined nomenclature, those products are to be classified in a different category.
This provision shall apply only to products shipped from Taiwan to the Community before 1 January 1988.
9. The quantitative limits fixed in Annex II may be adapted in accordance with the procedure laid down in Article 11 in order to take into account changes in classification occurring following the entry into force of the combined nomenclature.';
4. Annex I is replaced by the Annex to this Regulation;
5. for the years 1988 to 1991, the combined nomenclature codes contained in column 2 of the new Annex I shall replace the Common Customs Tariff numbers and NIMEXE codes contained in columns (2) and (3) of Annex II;
6. in the Appendix to Annex II:
- NIMEXE codes 60.05-86, 87, 88, 89 for category 4 are replaced by the following CN codes: 6105 10 00, 6105 20 10, 6105 20 90 and 6105 90 10,
- NIMEXE codes ex 60.05-60, ex 63, ex 65 for category 28 are replaced by the following CN codes: 6103 41 90, 6103 42 90, 6103 43 90, 6103 49 91, 6104 61 90, 6104 62 90, 6104 63 90 and 6104 69 91.
Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 1988.