EN Official Journal of the European Union L 18/1

COUNCIL REGULATION (EC) No 54/2007

of 22 January 2007

amending Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) As from 1 January 2007, the European Union includes two new Member States, Romania and Bulgaria. Article 6(7) of the Act of Accession provides that the quantitative restrictions applied by the Community on imports of textile and clothing products are to be adjusted to take account of the accession of the new Member States to the Community. The quantitative restrictions applicable to imports of certain textile products from third countries into the enlarged Community should consequently be adjusted so as to cover imports into the two new Member States. This necessitates amendments to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1).

(2) In order to prevent the enlargement of the Community from having restrictive effects on trade, it is appropriate, when amending the quantities, to use a methodology which takes into account, for the purpose of adjusting the new quota levels, the traditional imports into the new Member States. A formula consisting of the average of the last three years' imports into the two new Member States originating in third countries, provides an adequate measurement of those historical flows. A growth rate has been added. The years 2003 to 2005 have been selected as the most significant, as they represent the latest available information about the two new Member States' imports in textiles and clothing.

(3) Accordingly, Annexes V and VII to Regulation (EEC) No 3030/93 should be amended to list quota levels applicable from the date of the enlargement, namely 1 January 2007.

(4) All provisions of Regulation (EEC) No 3030/93 should be adapted so as to apply to imports into the new Member States. Consequently, the initials of the new Member States should be inserted in Annex III.

(5) Regulation (EEC) No 3030/93 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3030/93 is amended as follows:

1. in Article 2, paragraph 9 is replaced by the following: ‘9. The release for free circulation in one of the new Member States acceding to the European Union on 1 January 2007, namely Romania and Bulgaria, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 January 2007 and enter the two new Member States on or after 1 January 2007 shall be subject to presentation of an import authorisation. Such import authorisation shall be granted automatically and without quantitative limitation by the competent authorities of the Member State concerned, upon adequate proof, such as the bill of lading, that the products have been shipped before 1 January 2007. Such licences shall be communicated to the Commission.’;

2. in Article 5, the second paragraph is replaced by the following: ‘The release for free circulation of textile products sent from one of the Member States acceding to the European Union on 1 January 2007 to a destination outside the Community for processing before 1 January 2007, and re-imported into the same Member State on or after that date, shall upon adequate proof, such as the export declaration, not be subject to quantitative limits or import authorisation requirements. The competent authorities of the Member State concerned shall provide information on those imports to the Commission.’;

3. in Annex III, the second indent of Article 28(6) shall be replaced by the following: ‘— two letters identifying the intended Member State of destination, or group of such Member States, as follows: AT = Austria BG = Bulgaria BL = Benelux CY = Cyprus CZ = Czech Republic DE = Federal Republic of Germany DK = Denmark EE = Estonia GR = Greece ES = Spain FI = Finland FR = France GB = United Kingdom HU = Hungary IE = Ireland IT = Italy LT = Lithuania LV = Latvia MT = Malta PL = Poland PT = Portugal RO = Romania SE = Sweden SI = Slovenia SK = Slovakia’;

4. Annex V is replaced by the text set out in Part A of the Annex to this Regulation;

5. in Annex VII, the table is replaced by the table set out in Part B of the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 January 2007. For the Council The President F.-W. STEINMEIER

(1) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 35/2006 (OJ L 7, 12.1.2006, p. 8).