COUNCIL REGULATION (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries
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 the Community has accepted the extension of the Arrangement regarding international trade in textiles on the conditions laid down in the Protocol for the extension of the Arrangement and the conclusions adopted by the GATT Textiles Committee on 9 December 1992 and annexed to that Protocol;
Whereas the Community has negotiated an extension for three years of the existing agreements on trade in textile products with a number of supplier countries;
Whereas the agreements in question establish Community quantitative limits for 1993, 1994 and 1995;
Whereas the Community has negotiated new bilateral agreements and other arrangements with a number of supplier countries;
Whereas the Community has negotiated agreements in the form of Additional Protocols on trade in textile products to the Europe Agreements and/or the Interim Agreements, with a number of supplier countries;
Whereas it is necessary to ensure that the purpose or each of these agreements, protocols and other arrangements should not be evaded by deflection of trade; whereas it is therefore necessary to determine the way in which the origin of the products in question is checked and the methods by which the appropriate administrative cooperation is achieved;
Whereas compliance with the quantitative limits on exports established under the agreements and protocols is ensured by a double-checking system; whereas the effectiveness of these measures depends on the Community's establishing a set of Community quantitative limits to be applied to imports of all products from supplier countries whose exports are subject to quantitative limits;
Whereas products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be subject to such Community quantitative limits;
Whereas agreements concluded by the Community with certain third countries contain special provisions for imports of folklore and handloom products into the Community, and it is therefore necessary to lay down appropriate procedures for implementing their provisions;
Whereas provision should be made for special rules for products re-imported under the arrangements for economic outward processing and for the management of the relevant Community quantitative limits;
Whereas, in order to ensure that Community quantitative limits are not exceeded, it is necessary to establish a special management procedure whereby the competent authorities of the Member States will not issue import licences before obtaining prior confirmation from the Commission that there are still amounts available of the quantitative limit in question;
Whereas it is also necessary to introduce efficient and rapid procedures for altering Community quantitative limits and their allocation to take account of the development of trade flows, needs for additional imports and the Community's obligations under the agreements negotiated with supplier countries;
Whereas, in the case of products not subject to quantitative limits, the agreements provide for a consultation procedure whereby, in the event that the volume of imports of a given category of products into the Community exceeds a certain threshold, agreement can be reached with the supplier country on the introduction of quantitative limits; whereas the supplier countries also undertake to suspend or limit their exports from the date of a request for such consultations, at the level indicated by the Community; whereas if no agreement is reached with the supplier country within the period stipulated, the Community may introduce quantitative limits at a specific annual or multiannual level;
Whereas, in certain exceptional circumstances, it may be more appropriate for such quantitative limits to be applied at the regional level rather than at the Community level and it is therefore necessary to lay down efficient procedures for deciding upon appropriate measures which do not disrupt unduly the functioning of the internal market;
Whereas the agreements, protocols or arrangements with certain countries foresee the possibility for the Community to subject textiles and clothing imports to a system of surveillance and it is therefore necessary to lay down the administrative procedures for introducing and implementing such surveillance measures;
Whereas, as a result of the completion of the internal market for textiles and clothing products on 1 January 1993, Community quantitative limits are no longer broken down into Member States' shares; whereas the agreements with third countries provide for consultations in the event of any problems which may arise as a result of regional concentration of direct imports into the Community and it is necessary to lay down an effective procedure for implementing these provisions;
Whereas the agreements, protocols and other arrangements with certain third countries provide for a system of cooperation between the Community and the supplier countries with the aim of preventing circumvention by means of transhipment, rerouting or other means; whereas a consultation procedure is established under which an agreement can be reached with the supplier country in question on an equivalent adjustment to the relevant quantitative limit when it appears that the agreement has been circumvented; whereas supplier countries also agreed to take the necessary measures to ensure that any adjustments could be rapidly applied; whereas, in the absence of agreement with a supplier country within the time limit provided, the Community may, where clear evidence of circumvention is provided, apply the equivalent adjustment;
Whereas in order inter alia to comply with time limits set in the agreements it is necessary to lay down a rapid and efficient procedure for introducing such quantitative limits and concluding such agreements with the supplier countries;
Whereas the provisions of this Regulation must be applied in conformity with the Community's international obligations, in particular with those arising from the abovementioned agreements with supplier countries,
HAS ADOPTED THIS REGULATION:
Article 1
Scope
1. This Regulation applies to imports of textile products listed in Annex I, originating in third countries with which the Community has concluded bilateral agreements, protocols or other arrangements as listed in Annex II.
2. For the purposes of paragraph 1, textile products falling within Section XI of the combined nomenclature shall be classified in categories as set out in Annex I.
3. The classification of products listed in Annex I shall be based on the combined nomenclature (CN), without prejudice to Article 2 (6). The procedures for the application of this paragraph are laid down in Annex III.
4. Subject to this Regulation, the importation into the Community of the textile products referred to in paragraph 1 shall not be subject to quantitative restrictions or measures having equivalent effect.
5. The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community.
6. The procedures for evidence and for verification of the origin of the product referred to in paragraph 1 are laid down in Annexes III and IV and in the relevant Community legislation in force.
Article 2
Quantitative limits
1. The importation into the Community of the textile products listed in Annex V originating in one of the supplier countries listed in that Annex and shipped between 1 January 1993 and 31 December 1995 shall be subject to the annual quantitative limits laid down in that Annex.
2. The release for free circulation in the Community of imports subject to the quantitative limits referred to in Annex V shall be subject to the presentation of an import authorization issued by the Member States' authorities in accordance with Article 12.
3. The authorized imports shall be charged against the quantitative limits laid down for the year in which the products are shipped in the supplier country concerned. For the purposes of this Regulation, shipment of products shall be considered as having taken place on the date on which they were loaded onto the exporting means of transport.
4. Imports of products not subject to quantitative limits before 1 January 1993 which were in the course of shipment to the Community before that date shall not be subject to the quantitative limits referred to in this Article provided that they were effectively shipped from the supplier country in which they originate before 1 January 1993.
5. The release for free circulation of products the importation of which was subject to quantitative limits before 1 January 1993 and which were shipped before that date shall continue from that date to be subject to the presentation of the same import documents, and to the same import conditions, as before 1 January 1993.
6. The definition of quantitative limits laid down in Annex V and the categories of products to which they apply shall be adapted in accordance with the procedure laid down in Article 17, where this proves necessary to ensure that any subsequent amendment to the combined nomenclature (CN) or any decision amending the classification of such products does not result in a reduction of such quantitative limits.
7. In order to ensure that quantities for which import authorizations are issued shall not exceed at any moment the total Community quantitative limits for each textile category and each third country concerned, the competent authorities shall issue import authorizations only upon confirmation by the Commission that there are still quantities available of the total Community quantitative limits for the categories of textile products and for the third countries concerned, for which an importer or importers have submitted applications with the said authorities.
Article 3
Folklore and handloom products
1. The quantitative limits referred to in Annex V shall not apply to the cottage industry and folklore products specified in Annexes VI and VIa which are accompanied on importation by a certificate issued by the competent authorities of the country of origin in accordance with the provisions of Annexes VI and VIa and which fulfil the other conditions laid down therein.
2. The release for free circulation in the Community of the textile products referred to in paragraph 1 shall be granted only for those products covered by an import document issued by the competent authorities of the Member States, provided that similar machine-made products are subject to quantitative limits.
The said import document shall be issued automatically within a maximum of five working days from the date of presentation by the importer of the certificate referred to in paragraph 1 issued by the competent authorities of the supplier country.
The import document shall be valid for six months and shall state the grounds for exemption as given in the certificate referred to in paragraph 1.
3. Paragraphs 1 and 2 shall not apply to Brazil, Hong Kong, Macao and Vietnam.
4. Where exports from China of the products referred to in paragraph 1 reach 15 % of any Community quantitative limit laid down in Annex V, China shall refrain from issuing further certificates.
Article 4
Temporary imports
1. The quantitative limits referred to in Annex V shall not apply to products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) (1).
Where the products referred to in the preceding subparagraph are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 2 (2) shall apply and the products so released shall be charged against the quantitative limits established for the year for which the export licence was issued.
2. Where the authorities in the Member States establish that imports of textile products have been charged against a quantitative limit laid down in Annex V and that these products have subsequently been re-exported outside the customs territory of the Community, they shall inform the Commission within four weeks of the quantities concerned, which shall be recredited to the quantitative limits provided for in Annex V and used in accordance with the provisions of Article 12.
Article 5
Outward processing
Subject to the conditions laid down in Annex VII, re-imports into the Community of textile products after processing in the countries listed in that Annex shall not be subject to the quantitative limits referred to in Annex V, provided that they are effected in accordance with the Regulations on economic outward processing in force in the Community.
Article 6
Prices
1. In accordance with the relevant provisions of the bilateral arrangements with the supplier countries concerned, where imports into the Community of textile products listed in Annex I are effected at abnormally low prices, the Commission acting on its own initiative or at the request of a Member State, may request consultations with the authorities of the supplier country in question in accordance with Article 16.
2. Measures destined to remedy this situation shall be adopted in accordance with the procedure laid down in Article 17, due respect being given to the terms and conditions contained in the relevant bilateral agreements.
Article 7
Flexibility provisions
Provided they notify the Commission in advance, supplier countries may effect transfers between the quantitative limits listed in Annex V to the extent and subject to the conditions stipulated in Annex VIII.
Article 8
Additional imports
Notwithstanding Annex V, where, under particular circumstances, additional imports are required, the Commission may open up additional opportunities for imports during a given quota year. These additional opportunities for imports shall not be taken into account for the purpose of applying Article 7.
In an emergency, the Commission shall open consultations in the Committee set up in Article 17 within five working days following receipt of a request from a Member State and shall take a decision within fifteen working days calculated from the same date.
The measures provided for in this Article will be taken in accordance with the procedure laid down in Article 17.
Article 9
Regional concentration
1. In the case of a sudden and prejudical change in the traditional trade flows of products subject to quantitative limits or to surveillance from a supplier country resulting in a regional concentration of direct imports into the Community, the Commission will seek a solution to these problems in accordance with the procedures laid down in Article 17 and in conformity with the principles of the internal market.
2. The consultations with the supplier country concerned shall be conducted in accordance with the procedures laid down in Article 16. The measures necessary to remedy the situation described in paragraph 1 shall be adopted in accordance with the procedure laid down in Article 17.
Article 10
Safeguard measures
1. Should imports into the Community of products falling within any given category, not subject to the quantitative limits set out in Annex V and originating in one of the countries listed in Annex IX exceed, in relation to the preceding calendar year's total imports into the Community of products in the same category, the percentages indicated in the Table appearing in Annex IX, such imports may be made subject to quantitative limits under the conditions laid down in this Article.
2. Paragraph 1 shall not apply where the percentages specified therein have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in the supplier country concerned.
3. Where the Commission, upon its own initiative or at the request of a Member State, considers that the conditions set out in paragraph 1 are fulfilled and that a given category of products should be made subject to a quantitative limit:
(a) it shall open consultations with the supplier country concerned in accordance with the procedure specified in Article 16 with a view to reaching an agreement or joint conclusions on a suitable level of restriction for the category or products in question;
(b) pending a mutually satisfactory solution, the Commission shall, as a general rule, request the supplier country concerned to limit exports of the products in the category concerned to the Community, for a provisional period of three months from the date on which the request for consultations is made. Such provisional limit shall be established at 25 % of the level of imports during the previous calender year, or 25 % of the level resulting from the application of the formula set out in paragraph 1, whichever is the higher;
(c) it may, pending the outcome of the requested consultations, apply to the imports of the category of products in question quantitative limits identical to those requested of the supplier country pursuant to point (b). These measures shall be without prejudice to the definitive arrangements to be made by the Community, taking into account the results of the consultations.
Measures taken pursuant to this paragraph shall be the subject of a Commission communication published without delay in the Official Journal of the European Communities.
The Commission shall refer urgent cases to the Committee provided for in Article 17 either at its own initiative or within five working days of receipt of a request from a Member State or States setting out the reasons for the urgency and shall take a decision within five working days of the end of the Committee's deliberations.
4. The consultations with the supplier country concerned which are provided for in paragraph 3 may lead to an arrangement between that country and the Community, on the introduction and the level of quantitative limits.
Such arrangements or joint conclusions shall stipulate that the quantitative limits agreed be administered in accordance with a double-checking system.
5. Should the parties be unable to reach a satisfactory solution within one month following the opening of consultations and, at the latest, within two months following notification of the request for consultations, the Community shall have the right to introduce a definitive quantitative limit at an annual level not lower than the level resulting from the application of the formula set out in paragraph 1 or 106 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 1 and gave rise to the request for consultations, whichever is the higher.
6. The annual level of the quantitative limits established in accordance with paragraphs 3 to 5 may not be less than the level of imports into the Community in 1985 for Argentina, Brazil, Hong Kong, Pakistan, Peru, Sri Lanka and Uruguay, and in 1986 for Bangladesh, India, Indonesia, Malaysia, Macao, Philippines, Singapore, South Korea and Thailand, of products of the same category and originating in the same supplier country.
7. (a) Should imports into the Community of textile products originating in Bulgaria, the Czech Republic, Hungary, Poland, Romania or the Slovak Republic take place in such increased quantities, or under such conditions, so as to cause serious damage or actual threat thereof, to the Community's production of like or directly competitive products, such imports may be made subject to quantitative limits under the conditions laid down in the Additional Protocols with these countries.
(b) The provisions of paragraphs 3, 4 and 5 shall also apply in such cases except that:
- the provisional limit referred to in paragraph 3 (b) shall be established at 25 %, at least, of the level of imports during the twelve-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultations is made,
- the level referred to in paragraph 5 shall not be lower than 110 % of the imports for the twelve-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultations is made,
- notwithstanding paragraph 5, the Community may decide to renew the provisional limit for a further three-month period pending further consultations with the supplier country.
8. The quantitative limits established pursuant to paragraphs 5 to 7 shall not apply to products which have already been dispatched to the Community provided that they were shipped from the supplier country in which they originate for export to the Community before the date of notification of the request for consultations.
9. The measures provided for in paragraphs 3, 5 and 7 and the arrangements referred to in paragraph 4 shall be implemented in accordance with the procedure laid down in Article 17.
Article 11
Regional safeguard measures
1. Article 10 shall not preclude the Community, if the conditions are fulfilled, from applying safeguard measures for one or more regions, in conformity with the principles of the internal market.
2. Such measures shall be exceptional, temporary and disturb the operation of the internal market as little as possible, and shall only be adopted after alternative solutions have been examined.
3. The measures provided for in this Article shall be taken in accordance with the procedure laid down in Article 17.
Article 12
Specific rules for administration of Community quantitative limits
1. For the purpose of applying Article 2 (2), the competent authorities of the Member States, before issuing import authorizations, shall notify the Commission of the amounts of the requests for import authorizations, supported by original export certificates, which they have received. By return the Commission shall notify its confirmation that the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States have been received ('first come, first served` basis). However, in exceptional cases where there is reason to believe that anticipated requests for import authorizations may exceed the quantitative limits, the Commission, in accordance with the procedure laid down in Article 17, may limit the amount to be allocated on the 'first come, first served` basis to 90 % of the quantitative limits in question. In such cases, as soon as this level has been reached, the allocation of the remainder shall be decided in accordance with the procedure laid down in Article 17.
2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the supplier third country, the category of textile products concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.
3. Normally the notifications referred to in the previous paragraphs of this Article shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
4. As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each category of products and each third country concerned. Notifications presented by Member States for which no confirmation can be given because the amounts requested are no longer available within the Community quantitative limit, will be stored by the Commission in the chronological order in which they have been received and confirmed in the same order as soon as further amounts become available, for example through the application of flexibilities foreseen in Article 7. Moreover the Commission shall contact the authorities of the supplier country concerned immediately in cases where requests notified exceed the quantitative limits in order to seek clarification and a rapid solution.
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 authorization. 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.
6. The import authorizations or equivalent documents shall be issued in accordance with Annex III.
7. The competent authorities of the Member States shall notify the Commission of any cancellation of import authorizations or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities in the supplier countries. However, if the Commission or the competent authorities of a Member State have been informed by the competent authorities of a supplier country of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be set off against the quantitative limits for the year during which shipment of products took place.
8. The Commission may, in accordance with the procedure laid down in Article 17, take any measure necessary to implement this Article.
Article 13
Surveillance
1. Where, in accordance with the relevant provisions of an agreement, protocol or other arrangement between the Community and a third country, a system of surveillance a priori or a posteriori is introduced on a category of products referred to in Annex I which is not subject to the quantitative limits listed in Annex V, the procedures and formalities concerning single and double checking, economic outward processing, classification and certification of origin shall be those laid down in Annex III and IV.
2. The categories of products and the third countries currently subject to surveillance, in accordance with paragraph 1, are listed in the tables in Annex III.
3. The decision to impose the surveillance system on categories of products or on supplier countries not listed in the tables in Annex III shall be taken in accordance with the relevant provisions regarding consultations contained in the agreement, protocol or other arrangement with the country in question.
Such decisions to impose the surveillance system as well as any additional measures needed to implement this system, shall be adopted in accordance with the procedure laid down in Article 17.
Article 14
Statistics
1. In respect of the textile products in Annex I, Member States shall notify the Commission monthly, within one month of the end of each month, of the total quantities imported during that month, indicating the combined nomenclature code and using the units and, where appropriate supplementary units, used in that code. Imports shall be broken down in accordance with the statistical procedures in force.
2. In order to enable market trends in the products covered by this Regulation to be monitored, Member States shall communicate to the Commission, before 31 March each year, statistical data on exports. The statistical data relating to the production and consumption of each product shall be forwarded under arrangements to be determined subsequently pursuant to the procedure laid down in Article 17.
3. Where the nature of the products or particular circumstances so require, the Commission may, at the request of a Member State or on its own initiative, alter the time limits for communicating the abovementioned information under the procedure laid down in Article 17.
4. Member States shall notify the Commission under conditions set in accordance with the procedure laid down in Article 17, of all other particulars deemed under that procedure to be necessary in order to ensure compliance with the obligations agreed between the Community and the supplier countries.
5. In the urgent cases referred to in the last subparagraph of Article 10 (3), the Member State or States concerned shall send the necessary import statistics and economic data to the Commission and the other Member States by telex, telefax or other means of communication such as electronics or telematics.
Article 15
Circumvention
1. Where, following the enquiries carried out in accordance with the procedures established in Annex IV, the Commission notes that the information in its possession constitutes proof that products originating in a supplier country listed in Annex V and subject to the quantitative limits referred to in Article 2 or introduced under Article 9 have been transhipped, re-routed or otherwise imported into the Community through circumvention of such quantitative limits and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened, in accordance with the procedure described in Article 16, so that agreement may be reached on an equivalent adjustment of the corresponding quantitative limits.
2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask the supplier country concerned to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out for the year in which the request for consultations was lodged or for the following year, if the quantitative limits for the current year is exhausted, where there is clear evidence of circumvention.
3. If the Community and the supplier country fail to arrive at a satisfactory solution within the period stipulated in Article 16 and if the Commission notes that three is clear evidence of circumvention, it shall, in accordance with the procedure laid down in Article 17, deduct from the quantitative limits an equivalent volume of products originating in the supplier country concerned.
4. In accordance with the provisions of the protocols and certain bilateral agreements concluded with third countries, where sufficient evidence shows that a false declaration concerning fibre content, quantities, description or classification of products originating in the countries concerned has occurred, the Community authorities may refuse to import the products in question.
Furthermore, should it appear that the territory of any of these countries is involved in transhipment or re-routing of products not originating in that country, the Commission may introduce quantitative limits against the same products originating in that same country, if they are not already subject to quantitative limits, or it may take any other appropriate measures.
Article 16
Consultations
1. The Commission, in accordance with the procedure laid down in Article 17, shall conduct the consultations referred to in this Regulation in accordance with the following rules:
- the Commission shall notify the supplier country concerned of the request for consultations,
- the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a statement setting out the reasons and circumstances which, in the Community's opinion, justify the submission of such a request,
- the Commission shall initiate consultations, within one month at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.
2. However, consultations with Hong Kong shall be governed by the following rules:
- the Commission shall notify Hong Kong of the request for consultations, together with a statement setting out the reasons and circumstances which, in the Community's opinion, justify the submission of such a request,
- the Commission shall initiate consultations within 15 days at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within 15 days at the latest.
Article 17
Functioning of the textile committee
1. A textile committee, hereinafter called 'the committee`, composed of representatives of the Member States and chaired by a Commission representative, is hereby set up.
2. The committee shall draw up its rules of procedure.
3. Where reference is made to the procedure laid down in this Article, the chairman, on his own initiative or at the request of a Member State, shall refer the matter to the committee.
4. The chairman shall lay draft measures before the committee. The committee shall deliver an opinion on the draft measures within a period which may be fixed by the chairman in accordance with the degree of urgency of the matter. The committee shall decide by the majority specified in Article 148 (2) of the EEC Treaty for the adoption of acts by the Council on a proposal from the Community. In the case of votes within the committee, the votes of the Member States shall be weighted in accordance with the abovementioned Article. The chairman shall not vote.
The Commission shall adopt the measures proposed where they are in conformity with the committee's opinion.
Where the measures proposed are not in conformity with the committee's opinion, or where no opinion has been given, the Commission shall present to the Council, without delay, a proposal for the measures to be taken. The Council shall act by a qualified majority.
Should the Council fail to take a decision within one month of the date on which the proposal was laid before it, the Commission shall adopt the proposed measures.
5. The chairman may, on his own initiative or at the request of one of the Member States' representatives, consult the committee about any other matter relating to the operation or application of this Regulation.
Article 18
Final provisions
The Member States shall inform the Commission forthwith of all measures taken pursuant to this Regulation and of all laws, regulations or administrative provisions concerning arrangements for importation of the products covered by this Regulation.
Article 19
Amendments to the Annexes to this Regulation which may be necessary to take into account the conclusion, amendment or expiry of agreements, protocols or arrangements with third countries or amendments made to Community rules on statistics, customs arrangements or common rules for imports shall be adopted in accordance with the procedure laid down in Article 17.
Article 20
This Regulation shall not constitute in any way a derogation from the provisions of the bilateral agreements, protocols or arrangements on textile trade which the Community has concluded with the third countries listed in Annex II and which, in all cases of conflict, shall prevail.
Article 21
Regulation (EEC) No 958/93 is hereby repealed, except for its transitional provisions applicable until 31 March 1993.
Article 22
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 12 October 1993.