COMMISSION REGULATION (EC) No 2635/95 of 13 November 1995 introducing a prior surveillance of imports of certain textile products originating in the United Arab Emirates
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (1), as last amended by Regulation (EC) No 1325/95 (2), and in particular Article 11 (1), in conjunction with Article 25 (3) thereof,
Whereas it is apparent to the Commission that imports into the Community of certain textile products of categories 4 (T-shirts), 5 (pullovers), 6 (trousers), 7 (shirt-blouses), 8 (shirts), 9 (woven terry fabrics), 20 (bed linen), 21 (anoraks), 26 (dresses), 157 (knitted garments) and 161 (garments other than knitted) after a rapid progression in the previous years, have in 1994 reached very high levels which are likely to cause a disruption of the Community market of the products in question and injury to the Community production of like or directly competitive products; whereas, the levels of imports have increased from 200 % to 600 % during the period 1989-1994 and have reached, for each category of products, levels much higher than the levels which have motivated the negotiation of quantitative restrictions with a number of exporting countries;
Whereas, taking into account the estimated production capacity of the United Arab Emirates for the textile products stated above and in the light of the rapid increase of imports of these products, an inquiry has been launched to verify the origin of the products; whereas, at the same time, the Commission received from the Council, on 14 June 1994, directives to negotiate an agreement on the trade of textile products with the United Arab Emirates, which, until now, it has not been possible to initial;
Whereas, for the purpose of monitoring the trend of the current imports and to rapidly identify possible negative consequences for the concerned Community industry it is appropriate to make imports of the products in question subject to prior Community surveillance for a limited period of time and to establish that these products may be put into free circulation only on production of an import document and, as a general rule, of a certificate of origin issued by the competent authorities of the United Arab Emirates;
Whereas, according to Regulation (EC) No 517/94 the Commission may adopt the above measures when they are in conformity with the opinion of the Committee established by the aforementioned Regulation; that the Committee, presented with a proposal for measures to be taken has not given an opinion before the deadline set by its chairman; that on 5 October 1995 the Council has been presented with an identical proposal in conformity with Article 25 (3) of the above Regulation; that within one month the Council has not acted; that in conformity with Article 25 (3) of Regulation (EC) No 517/94, the Commission shall adopt the proposed measures,
HAS ADOPTED THIS REGULATION:
Article 1
As from the date of entry into force of this Regulation products listed in Annex I, originating in the United Arab Emirates, may only be put into free circulation subject to prior Community surveillance.
Article 2
1. Products referred to in Article 1 may be put into free circulation in the Community only on production of an import document issued by the competent authorities of the Member States listed in Annex II and - except in the cases where it appears on the basis of a bill of lading or other transport documents that these products were, at the date of entry into force of this Regulation, already shipped to the Community - by a certificate of origin issued by the competent authorities of the United Arab Emirates.
2. The import document referred to in paragraph 1 above is issued automatically, free of charge and for any quantity requested within a maximum of five working days following receipt of a declaration addressed to the competent national authorities by any Community importer, regardless of his place of business in the Community.
3. The import document and the declaration by the importer established by means of a form corresponding to the model given in Annex VII of Regulation (EC) No 517/94. The import document shall be valid through the whole Community customs territory and can be used for a period of six months as from the issuing date as long as the import regime of liberalization applicable to the products concerned remains in force.
4. The Member States shall notify the Commission of the amounts of the requests for import authorizations which they have received as well as of the amounts, base cif at the Community borders, of the products listed in Annex I put into free circulation as from the date of entry into force of this Regulation. These notifications shall be communicated, on a permanent basis, electronically within the integrated network set-up for this purpose.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It is applicable until 31 December 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 November 1995.