COUNCIL REGULATION (EEC) No 768/88 of 2 February 1988 amending Regulation (EEC) No 4136/86 on common rules for imports of certain textile products originating in 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 Council Regulation (EEC) No 4136/86 (1) made imports of certain textile products originating in third countries subject to common rules;
Whereas the agreements concerning trade in textile products negotiated by the Community with a number of supplier countries provide that, as soon as the International Convention on the Harmonized Commodity Description and Coding System enters into force, textile products are to be classified according to the said system and to the Community nomenclatures bases thereon;
Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (2) introduced on 1 January 1988 a goods nomenclature, known as the ´combined nomenclature' (CN), which satisfies in particular the needs of the statistics of external trade of the Community; whereas the textile products covered by the Agreements shosuld therefore be classified according to 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 in supplier countries before that date, the classification of which will be altered by the entry into force of the combined nomenclature;
Whereas the quantitative limits should be allocated among the Member States for the period 1988 to 1991;
Whereas Regulation (EEC) No 4136/86 should therefore be amended accordingly, and for reasons of clarity and administrative efficiency, the quantitative limits established in accordance with Article 11 of the said Regulation should be included in an Annex IV bis,
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 4136/86 is hereby amended as follows:
1. Article 1 (2) shall be replaced by the following:
´2. The classification of products listed in Annex I shall be based on the combined nomenclature (CN), without prejudice to Article 3 (7).' The procedures for the application of this paragraph are laid down in Annex VI.
2. The following subparagraph shall be added to Article 3 (2):
´The allocation of these quantitative limits among the Member States for the years 1988 to 1991 is set out in Annexe IV bis.' 3. Article 3 (7) shall be replaced by the following:
´7. The definition of quantitative limits laid down in Annex III and the categories of products, to which they apply shall be adapted in accordance with the procedure laid down in Article 15 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.' 4. The following two paragraphs shall be added to Article 3;
´8. 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 (CN), will from that date be classified in one or more of the categories of products referred to in Annex III. This provision shall apply only to products consigned by the supplier country from which they are originating to the Community before 1 January 1988.
9. 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 if, as a result of the entry intro force of the combined nomenclature (CN), those products are classified in a different category.
This provision shall apply only to products consigned by the supplier country from which they are originating to the Community before 1 January 1988.' 5. Article 12 (2) shall be replaced by the following:
´2. In respect of the products listed in Annex I, Member States shall notify the Commission monthly, within 30 days 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, the supplementary units, used in that code. Imports shall be broken down according to the statistical procedures in force.' 6. Annex I shall be replaced by that appearing in Annex I to this Regulation.
7. Annex IV bis appearing in Annex II to this Regulation shall he added.
8. Annex VI shall be replaced by that appearing in Annex III to this Regulation.
9. Paragraph 6 of Annex VIIa shall be replaced by the following:
´6. Articles 7 and 8 of the Regulation shall apply to the quantities listed in the attached tables B and C with the exception of transfer between these quantitative limits and those provided for in Annex IV.' 10. Table C of Annex IV of this Regulation shall be added to Annex VIIa.
11. 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 III.
Article 2 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 with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 1988.