COMMISSION REGULATION (EEC) No 3427/92 of 26 November 1992 on arrangements for imports into the Community of certain textile products (category 22) originating in Brazil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), as last amended by Commission Regulation (EEC) No 1539/92 (2), and in particular Article 11 thereof,

Whereas Article 11 of Regulation (EEC) No 4136/86 lays down the conditions under which quantitative limits may be established; whereas imports into the Community of certain textile products (category 22) specified in the Annex hereto and originating in Brazil exceeded the level referred to in paragraph 2 of the said Article 11;

Whereas, in accordance with paragraph 5 of the sad Article 11 of Regulation (EEC) No 4136/86, on 25 September 1992, Brazil was notified of a request for consultations; whereas, pending a mutually satisfactory solution, importations into the Community of category 22 products have been submitted to provisional limits for the period 25 September to 24 December 1992 by Commission Regulation (EEC) No 3043/92 (3);

Whereas, as a result of consultations held on 22 October 1992, it was agreed to submit the textile products of category 22 to Community quantitative limits for the period 25 September to 31 December 1992;

Whereas paragraph 13 of the said Article 11 of Regulation (EEC) No 4136/86 ensures that the quantitative limits are observed by means of a double-checking system in accordance with Annex VI to the said Regulation;

Whereas the products in question exported from Brazil to the Community between 25 September and 31 December 1992 must be set off against the Community quantitative limits for the period 25 September to 31 December 1992;

Whereas these quantitative limits should not prevent the importation of products covered by them but shipped from Brazil to the Community before the date of entry into force of Regulation (EEC) No 3043/92;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Without prejudice to the provisions of Article 2 imports into the Community of the category of products originating in Indonesia and specified in the Annex hereto shall be subject to the quantitative limits set out in that Annex for the period 25 September to 31 December 1992.

Article 2

1. Products referred to in Article 1 shipped from Brazil to the Community before the date of entry into force of Regulation (EEC) No 3043/92 and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other transport document proving that shipment actually took place during that period.

2. Imports of products shipped from Brazil to the Community after the entry into force of Regulation (EEC) No 3043/92 shall continue to be subject to the double-checking system described in Annex VI to Regulation (EEC) No 4136/86.

3. All quantities of products shipped from Brazil to the Community on or after 25 September 1992 and released for free circulation shall be deducted from the quantitative limits laid down in the Annex to this Regulation for the period 25 September to 31 December 1992. This provisional limit shall not, however, prevent the importation of products covered by them but shipped from Brazil before the date of entry into force of Regulation (EEC) No 3043/92.

Article 3

Regulation (EEC) No 3043/92 is hereby repealed.

Article 4

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply from 25 September 1992 until 31 December 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 1992. For the Commission

Frans ANDRIESSEN

Vice-President

(1) OJ No L 387, 31. 12. 1986, p. 1. (2) OJ No L 163, 17. 6. 1992, p. 9. (3) OJ No L 307, 23. 10. 1992, p. 20.

ANNEX

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