2000R1615 — EN — 01.01.2005 — 002.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:





Corrected by:









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COMMISSION REGULATION (EC) No 1615/2000

of 24 July 2000

derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community







THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( 1 ), as last amended by Regulation (EC) No 955/1999 of the European Parliament and of the Council ( 2 ), and in particular Article 249 thereof, Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( 3 ), as last amended by Regulation (EC) No 1662/1999 ( 4 ), and in particular Article 76 thereof, Whereas: (1) By Council Regulation (EC) No 2820/98 of 21 December 1998 applying a multiannual scheme of generalised tariff preferences for the period 1 July 1999 to 31 December 2001 ( 5 ), as last amended by Commission Regulation (EC) No 1310/2000 ( 6 ), the Community gave such preferences to Nepal. (2) Articles 67 to 97 of Regulation (EEC) No 2454/93 establish the definition of the concept of originating products to be used for the purposes of generalised tariff preferences. Article 76 of that Regulation provides, however, for derogations to those provisions in favour of least-developed GSP-beneficiary countries which submit an appropriate request to that effect to the Community. (3) By Commission Regulation (EC) No 1539/1999 ( 7 ), Nepal obtained such a derogation for certain textiles, for the period from 15 July 1999 to 14 July 2000. (4) The request submitted by Nepal satisfies the requirements of Article 76 of Regulation (EEC) No 2454/93. ►C1 In particular, the introduction ◄ of quantitative conditions (on an annual basis) reflecting the Community market's capacity to absorb the Nepalese products, Nepal's export-capacity and actual recorded trade flows, is such as to prevent injury to the corresponding branches of Community industry. The derogation should be adapted, however, with reference to the economic needs. (5) In order to encourage regional cooperation among beneficiary countries, it is desirable to provide that the raw materials to be used in Nepal in the context of this derogation should originate in countries belonging to the Association of South-East Asian Nations (ASEAN) (except Myanmar), to the South Asian Association for Regional Cooperation (SAARC) or to the ACP-EC Partnership Agreement. (6) The open and effective administration of these measures should be ensured by applying the relevant provisions, for the management of tariff quotas, laid down in Regulation (EEC) No 2454/93, as amended by Regulation (EC) No 1427/97 ( 8 ). (7) Any demand to extend application of the derogation beyond the quantities provided for must be considered in consultation with the Nepalese authorities. (8) To be fully effective, the derogation should be granted for a reasonable length of time, that is, until 31 December 2001 when Regulation (EC) No 2820/98 expires. (9) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, Whereas: HAS ADOPTED THIS REGULATION:







Article 1

1. By way of derogation from Articles 67 to 97 of Regulation (EEC) No 2454/93, products listed in the Annex to this Regulation which are manufactured in Nepal from woven fabric (woven items) or yarn (knitted items) imported into that country and originating in a country belonging to the Association of South-East Asian Nations (ASEAN) (except Myanmar), to the ►C1 South Asian Association ◄ for Regional Cooperation (SAARC) or to the ACP-EC Partnership Agreement shall be regarded as originating in Nepal in accordance with the arrangements set out below.

2. For the purposes of paragraph 1, products shall be considered as originating in ASEAN or SAARC when they are obtained in these countries according to the rules of origin provided for in Articles 67 to 97 of Regulation (EEC) No 2454/93, or as originating in the beneficiary countries of the ACP-EC Partnership Agreement when they are obtained in those countries according to the rules of origin provided in Protocol No 1 to the ACP-EC Partnership Agreement ( 9 ).

3. The competent authorities of Nepal shall undertake to take all of the necessary measures to ensure compliance with the provisions of paragraph 2.

Article 2

The derogation provided for in Article 1 shall apply to products transported directly from Nepal and imported into the Community during the period from 15 July 2000 to ►M2 31 December 2006 ◄ , up to the annual quantities listed in the Annex against each product.

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The continuing need for the derogation shall however be reviewed not later than 31 December 2005, in accordance with the new provisions to be adopted with regard to the generalised system of preferences and the rules of origin related thereto.

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Article 3

The quantities referred to in Article 2 shall be managed by the Commission, in accordance with the provisions laid down in Articles 308a to 308c of Regulation (EEC) No 2454/93.

Article 4

When drawings under Article 3 account for 80 % of the quantities shown in the Annex, the Commission, in consultation with the Nepalese authorities, shall consider whether it is necessary to extend application of the derogation beyond those quantities.

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Article 5

1. The competent authorities of Nepal shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1.

2. The following shall be entered in box 4 of certificates of origin form A issued by the competent authorities of Nepal pursuant to this Regulation: ‘Derogation — Regulation (EC) No 1615/2000’.

3. The competent authorities of Nepal shall forward to the Commission every month a statement of the quantities in respect of which certificates of origin form A have been issued pursuant to this Regulation and the serial numbers of those certificates.

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Article 6

In case of doubt, the Member States may demand a copy of the document certifying the origin of the materials used in Nepal under this derogation. Such a demand may be made at the time of entry into free circulation of the goods benefiting from this Regulation, or within the framework of the administrative cooperation for which provision is made in Article 94 of Regulation (EEC) No 2454/93.

Article 7

This Regulation shall enter into force on the seventh day following that of 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.









ANNEX







Order No Textile category Combined Nomenclature Description of goods Quantity (1.1 to 31.12) ►C1 09.8103 ◄ 6 6203 41 10 6203 41 90 6203 42 31 6203 42 33 6203 42 35 6203 42 90 6203 43 19 6203 43 90 6203 49 19 6203 49 50 6204 61 10 6204 62 31 6204 62 33 6204 62 39 6204 63 18 6204 69 18 6211 32 42 6211 33 42 6211 42 42 6211 43 42 Men's or boys' woven breeches, shorts other than swimwear and trousers (including slacks); women's or girls' woven trousers and slacks, of wool, of cotton or of man-made fibres; lower parts of tracksuits with lining, other than category 16 or 29, of cotton or of man-made fibres 573 674 pieces ►C1 09.8104 ◄ 7 6106 10 00 6106 20 00 6106 90 10 6206 20 00 6206 30 00 6206 40 00 Women's or girls' blouses, shirts and shirt-blouses, whether or not knitted or crocheted, of wool, of cotton or of man-made fibres 445 688 pieces ►C1 09.8105 ◄ 8 6205 10 00 6205 20 00 6205 30 00 Men's or boys' shirts, other than knitted or crocheted, of wool, of cotton or of man-made fibres 97 747 pieces ►C1 09.8106 ◄ 10 6111 10 10 6111 20 10 6111 30 10 ex611190 00 6116 10 20 6116 10 80 6116 91 00 6116 92 00 6116 93 00 6116 99 00 Gloves, mittens and mitts, knitted or crocheted 1 246 351 pairs ►C1 09.8107 ◄ 12 6115 12 00 6115 19 00 6115 20 11 6115 20 90 6115 91 00 6115 92 00 6115 93 10 6115 93 30 6115 93 99 6115 99 00 Panty-hose and tights, stockings, understockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, other than for babies, including stockings for varicose veins, other than products of category 70 553 615 pairs ►C1 09.8109 ◄ 14 6201 11 00 ex620112 10 ex620112 90 ex620113 10 ex620113 90 6210 20 00 Men's or boys' woven overcoats, raincoats and other coats, cloaks and capes, of wool, of cotton or of man-made fibres (other than parkas of category 21) 55 003 pieces ►C1 09.8110 ◄ 15 6202 11 00 ex620212 10 ex620212 90 ex620213 10 ex620213 90 6204 31 00 6204 32 90 6204 33 90 6204 39 19 6210 30 00 Women's or girls' woven overcoats, raincoats and other coats, cloaks and capes; jackets and blazers, of wool, of cotton or of man-made fibres (other than parkas of category 21) 380 049 pieces ►C1 09.8111 ◄ 16 6203 11 00 6203 12 00 6203 19 10 6203 19 30 6203 21 00 6203 22 80 6203 23 80 6203 29 18 6211 32 31 6211 33 31 Men's or boys' suits and ensembles, other than knitted or crocheted, of wool, of cotton or of man-made fibres, excluding ski-suits; men's or boys' tracksuits with lining, with an outer shell of a single identical fabric, of cotton or of man-made fibres 32 985 pieces ►C1 09.8112 ◄ 17 6203 31 00 6203 32 90 6203 33 90 6203 39 19 Men's or boys' jackets and blazers, other than knitted or crocheted, of wool, of cotton or of man-made fibres 123 685 pieces ►C1 09.8113 ◄ 18 6207 11 00 6207 19 00 6207 21 00 6207 22 00 6207 29 00 6207 91 10 6207 91 90 6207 92 00 6207 99 00 Men's or boys' singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted 252 tonnes 6208 11 00 6208 19 10 6208 19 90 6208 21 00 6208 22 00 6208 29 00 6208 91 11 6208 91 19 6208 91 90 6208 92 00 6208 99 00 ex621210 10 ►C1 Women's or girls' singlets ◄ and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted ►C1 09.8114 ◄ 21 ex620112 10 ex620112 90 ex620113 10 ex620113 90 6201 91 00 6201 92 00 6201 93 00 ex620212 10 ex620212 90 ex620213 10 ex620213 90 6202 91 00 6202 92 00 6202 93 00 6211 32 41 6211 33 41 6211 42 41 6211 43 41 Parkas; anoraks, wind-cheaters, waister jackets and the like, other than knitted or ►C1 crocheted ◄ , of wool, of cotton or of man-made fibres; upper parts of tracksuits with lining, other than category 16 or 29, of cotton or of man-made fibres 30 083 pieces ►C1 09.8116 ◄ 26 6104 41 00 6104 42 00 6104 43 00 6104 44 00 6204 41 00 6204 42 00 6204 43 00 6204 44 00 Women's or girls' dresses, of wool, of cotton or of man-made fibres 1 615 767 pieces ►C1 09.8117 ◄ 27 6104 51 00 6104 52 00 6104 53 00 6104 59 00 6204 51 00 6204 52 00 6204 53 00 6204 59 10 Women's or girls' skirts, including divided skirts 349 416 pieces ►C1 09.8119 ◄ 29 6204 11 00 6204 12 00 6204 13 00 6204 19 10 6204 21 00 6204 22 80 6204 23 80 6204 29 18 6211 42 31 6211 43 31 Women's or girls' suits and ensembles, other than knitted ►C1 or crocheted, of wool ◄ , of cotton or of man-made fibres, excluding ski-suits; women's or girls' tracksuits with lining, with an outer shell of an identical fabric, of cotton or of man-made fibres 135 935 pieces ►C1 09.8120 ◄ 31 ex621210 10 6212 10 90 Brassières, woven, knitted or crocheted 1 100 pieces ►C1 09.8121 ◄ 68 6111 10 90 6111 20 90 6111 30 90 ex611190 00 ex620910 00 ex620920 00 ex620930 00 ex620990 00 Babies' garments and clothing accessories, excluding babies' gloves, mittens and mitts of categories 10 and 87, and babies' stockings, socks and sockettes, other than knitted or crocheted, of category 88 19 tonnes ►C1 09.8123 ◄ 72 6112 31 10 6112 31 90 6112 39 10 6112 39 90 6112 41 10 6112 41 90 6112 49 10 6112 49 90 6211 11 00 6211 12 00 Swimwear, of wool, of cotton or of man-made fibres 7 112 pieces ►C1 09.8127 ◄ 76 6203 22 10 6203 23 10 6203 29 11 6203 32 10 6203 33 10 6203 39 11 6203 42 11 6203 42 51 6203 43 11 6203 43 31 6203 49 11 6203 49 31 6211 32 10 6211 33 10 Men's or boys' industrial or occupational clothing, other than knitted or crocheted 6 tonnes 6204 22 10 6204 23 10 6204 29 11 6204 32 10 6204 33 10 6204 39 11 6204 62 11 6204 62 51 6204 63 11 6204 63 31 6204 69 11 6204 69 31 6211 42 10 6211 43 10 Women's or girls' aprons, smock-overalls and other industrial or occupational clothing, other than knitted or crocheted ►C1 09.8128 ◄ 78 6203 41 30 6203 42 59 6203 43 39 6203 49 39 6204 61 80 6204 61 90 6204 62 59 6204 62 90 6204 63 39 6204 63 90 6204 69 39 6204 69 50 6210 40 00 6210 50 00 6211 31 00 6211 32 90 6211 33 90 6211 41 00 6211 42 90 6211 43 90 Garments, other than knitted or crocheted, excluding garments of categories 6, 7, 8, 14, 15, 16, 17, 18, 21, 26, 27, 29, 68, 72, 76 and 77 95 tonnes ►C1 09.8130 ◄ 84 6214 20 00 6214 30 00 6214 40 00 6214 90 10 Shawls, scarves, mufflers, mantillas, veils and the like, other than knitted or crocheted, of wool, of cotton or of man-made fibres 75 tonnes ►C1 09.8131 ◄ 86 6212 20 00 6212 30 00 6212 90 00 Corsets, corset-belts, suspender-belts, braces, suspenders, garters and the like, and parts thereof, whether or not knitted or crocheted 1 100 pieces ►C1 09.8134 ◄ 159 6204 49 10 6206 10 00 Dresses, blouses and shirt-blouses, not knitted or crocheted ►C1 , of silk or of silk waste ◄ 5 tonnes 6214 10 00 Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of silk or of silk-waste 6215 10 00 Ties, bow-ties and cravats, of silk or of silk-waste ►C1 09.8135 ◄ 161 6201 19 00 6201 99 00 6202 19 00 6202 99 00 6203 19 90 6203 29 90 6203 39 90 6203 49 90 6204 19 90 6204 29 90 6204 39 90 6204 49 90 6204 59 90 6204 69 90 6205 90 10 6205 90 90 6206 90 10 6206 90 90 ex621120 00 6211 39 00 6211 49 00 Garments, not knitted or crocheted, other than those of categories 1 to 123 and of category 159 62 tonnes ►C1 09.8136 ◄ 20 6302 21 00 6302 22 90 6302 29 90 6302 31 10 6302 31 90 6302 32 90 6302 39 90 Bed linen, other than knitted or crocheted 3 tonnes ►C1 09.8137 ◄ 40 ex630391 00 ex630392 90 ex630399 90 6304 19 10 ex630419 90 6304 92 00 ex630493 00 ex630499 00 Woven curtains (including drapes, interior blinds, curtain and bed valances and other furnishing articles), other than knitted or crocheted, of wool, of cotton or of man-made fibres 80 tonnes ►C1 09.8138 ◄ 91 6306 21 00 6306 22 00 6306 29 00 Tents 1,1 tonnes ►C1 09.8139 ◄ 109 6306 11 00 6306 12 00 6306 19 00 6306 31 00 6306 39 00 Tarpaulins, sails, awnings and sunblinds 11 tonnes ►C1 09.8140 ◄ 110 6306 41 00 6306 49 00 Woven pneumatic mattresses 1,1 tonnes ►C1 09.8141 ◄ 111 6306 91 00 6306 99 00 Camping goods, woven, other than pneumatic mattresses and tents 1,1 tonnes