COMMISSION REGULATION (EC) No 3053/95 of 20 December 1995 amending Annexes I, II, III, V, VI, VII, VIII, IX and XI of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), as last amended by Council Regulation (EC) No 1616/95 (2), and in particular Article 19 in conjunction with Article 17 thereof,

Whereas modifications have been introduced in the combined nomenclature applicable from 1 January 1995;

Whereas a Protocol on trade in textile and clothing products has been concluded by the Community with Estonia;

Whereas an Agreement on trade in certain textile products not covered by the existing bilateral Agreement with the People's Republic of China on textile and clothing products has been concluded by the Community with the People's Republic of China (3);

Whereas following the entry into force of the Treaty on European Union, the name of the European Economic Community changed to European Community;

Whereas new quantitative restrictions on imports of textile products falling under categories 28, 68 and 97 originating in the People's Republic of China have been imposed through Commission Regulation (EC) No 1167/94 (4);Whereas new quantitative restrictions on imports of textile products falling under categories 14, 17 and 29 originating in the People's Republic of China have been imposed through Commission Regulation (EC) No 810/95 (5);

Whereas new quantitative restrictions on imports of textile products falling under categories 23 and 33 originating in the Republic of Indonesia have been imposed through Commission Regulation (EC No 507/95 (6) (category 23) and Commission Regulation (EC) No 1629/94 (7) (category 33);

Whereas a new quantitative restriction on imports of textile products falling under category 28 originating in the Islamic Republic of Pakistan has been imposed through Commission Regulation (EC) No 405/95 (8);

Whereas new quantitative restrictions on imports of textile products falling under categories 23 and 24 originating in the Republic of India have been imposed through Commission Regulation (EC) No 507/95 (9);

Whereas new quantitative restrictions on imports of textile products originating in the Republic of India after outward processing operations in the Republic of India have been established through Commission Regulation (EC) No 1143/95 (10);

Whereas new quantitative restrictions on imports of textile products originating in the People's Republic of China after outward processing operations in the People's Republic of China have been established through Commission Regulation (EC) No 1280/95 (11);

Whereas the Council has decided by Decision 95/131/EC (12) to apply on a provisional basis the agreements negotiated with certain supplier countries to adjust the existing quantitative restrictions to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union;

Whereas following the entry into force of the Uruguay Round Agreement on Textiles and Clothing (13), quantitative restrictions and flexibility provisions agreed between the European Community and Members of the World Trade Organization have to be modified;

Whereas the arrangement with the Republic of India in the area of market access foresees the removal of quantitative restrictions on the importation of certain handloom and folklore products originating in the Republic of India;

Whereas, following the entry into force of the World Trade Organization, it is possible to indicate the name of the countries which are already Members of the World Trade Organization;

Whereas all the above elements make it necessary to amend as of 1 January 1995 the Annexes I, II, III, V, VI, VII, VIII, IX and XI to Regulation (EEC) No 3030/93 to take into account the changes introduced applicable on the importation into the Community of certain textile products originating in certain third countries within the meaning of Article 19 of Regulation (EEC) No 3030/93;

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex I of Regulation (EEC) No 3030/93 is replaced by Annex I to this Regulation.

Annex II of Regulation (EEC) No 3030/93 is replaced by Annex II to this Regulation.

Annex III of Regulation (EEC) No 3030/93 is replaced by Annex III to this Regulation.

Annex V of Regulation (EEC) No 3030/93 is replaced by Annex IV to this Regulation.

Annex VI of Regulation (EEC) No 3030/93 is replaced by Annex V to this Regulation.

Annex VIa and Table A to Annex VIa of Regulation (EEC) No 3030/93 are repealed.

Annex VII of Regulation (EEC) No 3030/93 is replaced by Annex VI to this Regulation.

Annex VIII of Regulation (EEC) No 3030/93 is replaced by Annex VII to this Regulation.

Annex IX of Regulation (EEC) No 3030/93 is replaced by Annex VIII to this Regulation.

Annex XI of Regulation (EEC) No 3030/93 is replaced by Annex IX to this Regulation.

Article 2

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

It shall apply from 1 January 1995.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 1995.

For the Commission

Leon BRITTAN

Vice-President

(1) OJ No L 275, 8. 11. 1993, p. 1.

(2) OJ No L 154, 5. 7. 1995, p. 3.

(3) OJ No L 104, 6. 5. 1995, p. 1.

(4) OJ No L 130, 25. 5. 1994, p. 18.

(5) OJ No L 82, 12. 4. 1995, p. 2.

(6) OJ No L 51, 8. 3. 1995, p. 2.

(7) OJ No L 171, 6. 7. 1994, p. 17.

(8) OJ No L 44, 28. 2. 1995, p. 8.

(9) OJ No L 51, 8. 3. 1995, p. 2.

(10) OJ No L 114, 20. 5. 1995, p. 16.

(11) OJ No L 124, 7. 6. 1995, p. 27.

(12) OJ No L 94, 26. 4. 1995, p. 1.

(13) OJ No L 336, 23. 12. 1994, p. 50.

ANNEX I

'ANNEX I

PRODUCTS REFERRED TO IN ARTICLE 1 (1)1. When the constitutive material of the products of categories 1 to 114 is not specifically mentioned, these products are to be taken to be made exclusively of wool or of fine hair, of cotton or of man-made fibres (2).

2. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.

3. Where the expression "babies' garments" is used, this is meant to cover garments up to and including commercial size 86.

(1) Covers only categories 1 to 114, with the exception of Albania, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam for which categories 1 to 161 are covered and of Bulgaria, the Czech Republic, Hungary, Poland, the Russian Federation, Romania and the Slovak Republic for which categories 1 to 123 are covered. In the case of Bulgaria, the Czech Republic, Hungary, Poland, Romania and the Slovak Republic categories 115 to 123 are included in Group III B.

(2) In the case of Albania, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhastan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam the products covered by each category are determined by the CN codes. Where there is an "ex" symbol in front of a CN code, the products covered in each category are determined by the scope of the CN code and by that of the corresponding description.

>TABLE>

>TABLE>

>TABLE>

>TABLE>

>TABLE>

>TABLE>

>TABLE>

>TABLE>

`

ANNEX IA

>TABLE>

ANNEX IB

1. This Annex covers textile raw materials (categories 128 and 154), textile products other than those of wool and fine animal hair, cotton and man-made fibres, as well as man-made fibres and filaments and yarns of categories 124, 125A, 125B, 126, 127A and 127B.

2. Without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, since the products covered by each category are determined, within this Annex, by CN codes. Where there is an 'ex` symbol in front of a CN code, the products covered in each category are determined by the scope of the CN code and by that of the corresponding description.

3. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.

4. Where the expression 'babies' garments` is used, this is meant to cover garments up to and including commercial size 86.

>TABLE>

>TABLE>

>TABLE>

>TABLE>

>TABLE>

>TABLE>

ANNEX II

'ANNEX II

Exporting countries referred to in Article 1

Albania

Argentina

Armenia

Azerbaijan

Bangladesh

Belarus

Brazil

Bulgaria

China

Czech Republic

Egypt

Estonia

Georgia

Hong Kong

Hungary

India

Indonesia

Kazakhstan

Kyrgyzstan

Latvia

Lithuania

Macao

Malaysia

Malta

Moldova

Mongolia

Morocco

Pakistan

Peru

Philippines

Poland

Romania

Russian Federation

Singapore

Slovakia

Slovenia

South Korea

Sri Lanka

Taiwan

Tajikistan

Thailand

Tunisia

Turkey

Turkmenistan

Ukraine

Uzbekistan

Vietnam`

ANNEX III

'ANNEX III

referred to in Articles 1, 12 and 13

PART I

Classification

Article 1

The classification of the textile products referred to in Article 1 (1) of the Regulation is based on the combined nomenclature (CN).

Article 2

On the initiative of the Commission or of a Member State, the tariff and statistical nomenclature section of the Customs Code Committee, which was established by Council Regulation (EEC) No 2658/87 (1) will examine urgently in conformity with the provisions of the abovementioned Regulations, all questions concerning the classification of products referred to in Article 1 (1) of the Regulation within the combined nomenclature (CN) in order to classify them in the appropriate categories.

Article 3

The Commission shall inform supplying countries of any changes in the combined nomenclature (CN) on their adoption by the competent authorities of the Community.

Article 4

The Commission shall inform the competent authorities of supplier countries of any decisions adopted in accordance with the procedures in force in the Community relating to classification of products covered by this Regulation, within one month at the latest of their adoption. Such communication shall include:

(a) a description of the products concerned;

(b) the relevant category, and the combined nomenclature code (CN code);

(c) the reasons which have led to the decision.

Article 5

1. Where a classification decision adopted in accordance with Community procedures in force results in a change of classification practice or a change in category of any product covered by this Regulation, the competent authorities of the Member States shall provide 30 days' notice, from the date of the Commission's notification, before the decision is put into effect.

2. Products shipped before the date of application of the decision shall remain subject to earlier classification practice, provided that the goods in question are entered to importation within 60 days of that date.

(1) OJ No L 256, 7. 9. 1987, p. 1.

Article 6

Where a classification decision adopted in accordance with the Community procedures in force referred to in Article 5 of this Annex involves a category of products subject to a quantitative limit, the Commission shall, without delay, initiate consultation in accordance with Article 16 of the Regulation, in order to reach agreement on the necessary adjustments to the corresponding quantitative limits provided for in Annex V.

Article 7

1. Without prejudice to any other provision on this subject, where the classification indicated in the documentation necessary for importation of the products covered by this Regulation differs from the classification determined by the competent authorities of the Member State into which they are to be imported, the goods in question shall be provisionally subject to the import arrangements which, in accordance with the provisions of this Regulation, are applicable to them on the basis of the classification determined by the abovementioned authorities.

2. The competent authorities of the Member States shall inform the Commission of the cases referred to in paragraph 1, indicating in particular:

- the quantities of products involved;

- the category shown on the import documentation and that retained by the competent authorities,

- where an export licence was issued, the number of the licence and the category shown.

3. The competent authorities of the Member States shall not issue a new import authorization for textile products subject to a Community quantitative limit indicated in Annex V following reclassification until they have obtained confirmation from the Commission that the amounts to be imported are available in accordance with the procedure laid down in Article 12.

4. The Commission shall notify the supplier countries concerned of the cases referred to in this Article.

Article 8

In the cases referred to in Article 7, as well as in those cases of a similar nature raised by the competent authorities of the supplying countries, the Commission, if necessary, and in accordance with the procedure provided for in Article 16 of the Regulation, shall enter into consultations with the supplier country or countries concerned, in order to reach agreement on the classification definitively applicable to the products involved in the divergence.

Article 9

The Commission, in agreement with the competent authorities of the importing Member State or States and of the supplier country or countries, may, in the cases referred to in Article 8 of this Annex, determine the classification definitively applicable to the products involved in the divergence.

Article 10

When a case of divergence referred to in Article 7 cannot be resolved in accordance with Article 9, the Commission will adopt, in accordance with the provisions of Article 10 of Regulation (EEC) No 2658/87, a measure establishing the classification of the goods in the combined nomenclature.

PART II

Double-checking system

(for administering quantitative limits)

Article 11

1. The competent authorities of the supplier countries shall issue an export licence in respect of all consignments of textile products subject to the quantitative limits established in Annex V up to the level of the said limits.

2. The original of the export licence shall be presented by the importer for the purposes of the issue of the import authorization referred to in Article 14.

Article 12

1. The export licence for quantitative limits shall conform to the specimen appended to this Annex which may also contain a translation into another language and shall certify inter alia that the quantity of goods in question has been set off against the quantitative limit established for the category of the product concerned.

2. In the case of Hong Kong, the export licence shall conform to the specimen attached to this Annex, bearing the words "Hong Kong".

3. Each export licence shall cover only one of the categories of products listed in Annex V.

Article 13

Exports shall be set off against the quantitative limits established for the year in which the products covered by the export licence have been shipped within the meaning of Article 2 (3) of the Regulation.

Article 14

1. To the extent that the Commission pursuant to Article 12 of the Regulation has confirmed that the amount requested is available within the quantitative limit in question, the authorities of any Member State shall issue an import authorization within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.

2. The import authorizations shall be valid for six months from the date of their issue. Upon duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity for a further period of three months. Such extensions shall be notified to the Commission. In exceptional circumstances, an importer may request a second period of extension. These exceptional requests may only be granted by a decision taken in accordance with the procedure laid down in Article 17 of the present Regulation.

3. The import authorizations of products, drawn up on the form conforming to the specimen set out in Appendix 1 to the present Annex, shall be valid throughout the customs territory of the European Community.

4. The declaration or request made by the importer to the competent authorities listed in Appendix 2 to the present Annex in order to obtain the import authorization shall contain:

(a) the names of the importer and full address (including, if any, telephone and fax number, and identification number registered with the competent national authorities), and VAT registration number, if it is a VAT payer;

(b) name and full address of declarant;

(c) name and full address of exporter;

(d) the country of origin of the products and the country of consignment;

(e) a description of the products including:

- their commercial designation,

- description of the products and combined nomenclature (CN) code;

(f) the appropriate category and the quantity in the appropriate unit as indicated in Annex V for the products in question;

(g) the value of the products, as indicated in box 12 of the export licence;

(h) where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract;

(i) date and number of the export licence;

(j) any internal code used for administrative purposes, such as the Taric code;

(k) date and signature of importer.

5. Importers shall not be obliged to import the total quantity covered by an import authorization in a single consignment.

Article 15

The validity of import authorizations issued by the authorities of the Member States shall be subject to the validity of and the quantities indicated in the export licences issued by the competent authorities of the supplier countries on the basis of which the import authorizations have been issued.

Article 16

Import authorizations or equivalent documents shall be issued by the competent authorities of the Member States in conformity with Article 2 (2) and without discrimination to any importer in the Community wherever the place of his establishment may be in the Community, without prejudice to compliance with other conditions required under current rules.

Article 17

1. If the Commission finds that the total quantities covered by export licences issued by a supplier country for a particular category in any agreement year exceed the quantitative limit established for that category, the competent licence authorities in the Member States shall be informed immediately to suspend the further issue of import authorizations or import documents. In this event, the special consultation procedure set out in Article 16 of the Regulation shall be initiated forthwith by the Commission.

2. The competent authorities of a Member State shall refuse to issue import authorizations for products originating in a supplier country which are not covered by export licences issued in accordance with the provisions of this Annex.

PART III

Double-checking system

(for products subject to surveillance)

Article 18

1. The competent authorities of the supplier countries listed in Table A shall issue an export licence or an export information document in respect of all textile products subject to surveillance procedures under the double-checking system.

2. In the case of Turkey, the export information document for textile products shall be issued by the Turkish associations of exporters of textile products and clothing in Istanbul, Akdeniz (Cukurova), Ege (Izmir), Uludag (Bursa), Antalya and Guneydogu. In the case of Egypt, export licences shall be issued and stamped by the Cotton Textile Consolidation Fund.

3. The original of the export licence shall be presented by the importer for the purposes of the issue of the import authorization referred to in Article 14.

Article 19

1. The export licence shall conform to the specimen appended to this Annex and may also contain a translation into another language.

2. However, in the case of Turkey, Egypt and Malta, the export licence shall conform to the respective specimens attached to this Annex.

3. Each export licence shall cover only one of the categories of products listed in Table A.

Article 20

Exports shall be recorded under the year in which the products covered by the export licence were shipped.

Article 21

1. The authorities of the Member States shall issue an import authorization within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the licence were shipped. This time limit does not apply to Egypt and Malta; in the case of Turkey, all export information documents must be presented to the competent authorities of the Member States within three months of the date of their issue. Import authorizations, drawn up on the form conforming to the specimen set out in Appendix 1 to the present Annex, shall be valid throughout the customs territory of the European Community.

2. The import authorizations shall be valid for six months from the date of their issue, with the possibility of a further extension of three months; in the case of Turkey, the time limit is two months, which may, in exceptional circumstances, be extended by one month.

3. The declaration or request made by the importer to the competent authorities listed in Appendix 2 to the present Annex in order to obtain the import authorization shall contain:

(a) the names of the importer and full address (including, if any, telephone and fax number, and identification number registered with the competent national authorities), and VAT registration number, if it is a VAT payer;

(b) name and full address of declarant;

(c) name and full address of exporter;

(d) the country of origin of the products and the country of consignment;

(e) a description of the products including:

- their commercial designation,

- description of the products and combined nomenclature (CN) code;

(f) the appropriate category and the quantity in the appropriate unit as indicated in Table A for the products in question;

(g) the value of the products, as indicated in box 12 of the export licence;

(h) where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract;

(i) date and number of the export licence;

(j) any internal code used for administrative purposes, such as the Taric code;

(k) date and signature of importer.

4. Importers shall not be obliged to import the total quantity covered by an import authorization in a single consignment.

Article 22

The validity of import authorizations issued by the authorities of the Member States shall be subject to the validity of the export licences issued by the competent authorities of the supplier countries on the basis of which the import authorizations have been issued.

Article 23

Import authorizations shall be issued without discrimination to any importer in the Community wherever the place of his establishment may be in the Community, without prejudice to compliance with the other conditions required under current rules.

Article 24

The competent authorities of a Member State shall refuse to issue import authorizations for products listed in Table A originating in a supplier country which are not covered by export licences issued in accordance with the provisions of this Annex.

PART IV

Single checking system

(for products subject to surveillance)

Article 25

1. Textile products coming from supplier countries listed in Table B shall be subject to a system of single prior surveillance.

2. The release for free circulation of the products referred to in paragraph 1 shall be subject to presentation of a surveillance document.

3. The competent authorities of the Member States shall issue surveillance documents within a maximum of five working days of a request being submitted by the importer.

4. Surveillance documents, drawn up on the form conforming to the specimen set out in Appendix 1 to the present Annex, shall be valid throughout the customs territory of the European Community.

Article 26

The declaration or request made by the importer to the competent authorities listed in Appendix 2 to the present Annex in order to obtain the surveillance document shall contain:

(a) the names of the importer and full address (including, if any, telephone and fax number, and identification number registered with the competent national authorities), and VAT registration number, if it is a VAT payer;

(b) name and full address of declarant;

(c) name and full address of exporter;

(d) the country of origin of the products and the country of consignment;

(e) a description of the products including:

- their commercial designation,

- description of the products and combined nomenclature (CN) code;

(f) the appropriate category and the quantity in the appropriate unit as indicated in Table B for the products in question;

(g) the value of the products;

(h) any internal code used for administrative purposes, such as the Taric code;

(i) date and signature of importer

and shall be accompanied by a certified copy of the bill of lading, letter of credit, contract or any other commercial document indicating a firm intention to carry out the importation.

PART V

A posteriori surveillance

Article 27

Textile products coming from supplier countries listed in tables C and D shall be subject to a system of a posteriori statistical surveillance. After the release for free circulation of the products, the competent authorities of the Member States shall notify the Commission monthly, within one month 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 supplementary units, used in that code. Imports shall be broken down in accordance with the statistical procedures in force.

PART VI

Common provisions

Article 28

1. The export licence referred to in Articles 11 and 19 and the certificate of origin may include additional copies duly indicated as such. They shall be made out in English, French or Spanish.

2. If the documents referred to above are completed by hand, entries must be in ink and in block letters.

3. The export licences or equivalent documents and certificates of origin shall measure 210 × 297 mm. The paper shall be white writing paper, sized, not containing mechanical pulp (1) and weighing not less than 25 g/m². Each part shall have a printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye (2) (3).

4. Only the original shall be accepted by the competent authorities in the Community as being valid for import purposes in accordance with the provisions of this Regulation.

5. Each export licence or equivalent document and the certificate of origin shall bear a standardized serial number, whether or not printed, by which it can be identified (4).

6. This number shall be composed of the following elements (5):

- two letters identifying the exporting country as follows:

- Albania = AL

- Argentina = AR

- Armenia = AM

- Azerbaijan = AZ

- Bangladesh = BD

- Belarus = BY

- Brazil = BR

- Bulgaria = BG

- China = CN

- Czech Republic = CZ

- Egypt = EG

- Estonia = EE

- Georgia = GE

- Hong Kong = HK

- Hungary = HU

- India = IN

- Indonesia = ID

- Kazakhstan = KZ

- Kyrgyzstan = KG

- Latvia = LV

- Lithuania = LT

- Macao = MO

- Malaysia = MY

- Malta = MT

- Moldova = MD

- Mongolia = MN

- Pakistan = PK

- Peru = PE

- Philippines = PH

- Poland = PL

- Romania = RO

- Russia = RU

- Singapore = SG

- Slovakia = SK

- Slovenia = SI

- South Korea = KR

- Sri Lanka = LK

- Taiwan = TW

- Tajikistan = TJ

- Thailand = TH

- Turkey = TR

- Turkmenistan = TM

- Ukraine = UA

- Uruguay = UY

- Uzbekistan = UZ

- Vietnam = VN(1) and (2) This is not obligatory for Hong Kong.

(3) This is not obligatory for Turkey, Egypt and Malta.

(4) In the case of Hong Kong, this is obligatory only for the export licence.

(5) In the case of Peru, Turkey, Egypt and Malta, this provision will enter into force at a later date.- two letters identifying the intended Member State of destination as follows:

- AT = Austria

- BL = Benelux

- DE = Federal Republic of Germany

- DK = Denmark

- EL = Greece

- ES = Spain

- FI = Finland

- FR = France

- GB = United Kingdom

- IE = Ireland

- IT = Italy

- PT = Portugal

- SE = Sweden

- a one-digit number identifying the quota year or the year under which exports were recorded, in the case of products listed in Table A of this Annex, corresponding to the last figure in the year in question, e.g. "5" for 1995. In the case of products originating in the People's Republic of China listed in Appendix C to Annex V this number should be "1" for the year 1995, "2" for the year 1996 and "3" for the year 1997,

- a two-digit number identifying the issuing office in the exporting country,

- a five-digit number running consecutively from 00001 to 99999 allocated to the specific Member State of destination.

Article 29

The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases they shall bear the endorsement "délivré à posteriori" or "issued retrospectively" or "expedido con posterioridad".

Article 30

In the event of theft, loss or destruction of an export licence, import licence or a certificate of origin, the exporter may apply to the competent authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate licence or certificate issued in this way shall bear the endorsement "duplicata" or "duplicate" or "duplicado".

The duplicate shall bear the date of the original licence or certificate.

PART VII

Community import licence - common form

Article 31

1. The forms to be used by the competent authorities of the Member States listed in Appendix 2 to the present Annex for issuing the import authorizations and surveillance documents referred to in Articles 14 (1), 21 (1) and 25 (3) shall conform to the specimen of the import licence set out in Appendix 1 to the present Annex.

2. Import licence forms and extracts thereof shall be drawn up in duplicate, one copy, marked "Holder's copy" and bearing the number 1 to be issued to the applicant, and the other, marked "Copy for the issuing authority" and bearing the number 2, to be kept by the authority issuing the licence. For administrative purposes the competent authorities may add additional copies to form 2.

3. Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 grams per square metre. Their size shall be 210 × 297 mm; the type space between the lines shall be 4,24 mm; (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the licence itself, shall in addition have a red printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.

4. Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear an indication of the printer's name and address or a mark enabling the printer to be identified.

5. At the time of their issue the import licences or extracts shall be given an issue number determined by the competent authorities of the Member State. The import licence number shall be notified to the Commission electronically within the integrated network set up under Article 12.

6. Licences and extracts shall be completed in the official language, or one of the official languages, of the Member State of issue.

7. In box 10 the competent authorities shall indicate the appropriate textile category.

8. The marks of the issuing agencies and debiting authorities shall be applied by means of a stamp. However, an embossing press combined with letters or figures obtained by means of perforation, or printing on the licence may be substituted for the issuing authority's stamp. The issuing authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references (e.g. ECU 1 000).

9. The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the customs authorities when import formalities are completed, or by the competent administrative authorities when an extract is issued.

If the space set aside for debits on a licence or extract thereof is insufficient, the competent authorities may attach one or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the licence or extract. The debiting authorities shall so place their stamp that one half is on the licence or extract thereof and the other half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner across each page and the preceding page.

10. Import licences and extracts issued, and entries and endorsements made, by the authorities of one Member State shall have the same legal effect in each of the other Member States as documents issued, and entries and endorsements made, by the authorities of such Member States.

11. The competent authorities of the Member States concerned may, where indispensable, require the contents of licences or extracts to be translated into the official language or one of the official languages of that Member State.

PART VIII

Transitional provisions

Article 32

1. Notwithstanding the provisions of Article 31, for a transitional period ending not later than 31 December 1995 and provided that the applicant, at the time of this application has not requested the issue of a Community import licence conforming to the specimen set out in Appendix 1, the competent authorities of the Member States shall be authorized to use their own national forms to issue the import authorizations or surveillance documents and any extracts thereof, instead of the forms referred to in Article 31.

2. Such forms shall give the details referred to in boxes 1 to 13 of the specimen Community import licence shown in Appendix 1. Their validity shall only extend to the territory of the Member State of issue.

>TABLE>

>TABLE>

>TABLE>

>TABLE>

Specimen of certificate of origin referred to in Article 28 of Annex III

>REFERENCE TO A FILM>

Specimen of certificate of origin referred to in Article 28 of Annex III for Hong Kong

>START OF GRAPHIC>

>END OF GRAPHIC>

Specimen of certificate of origin referred to in Article 28 of Annex III for Hong Kong >START OF GRAPHIC>

>END OF GRAPHIC>

Specimen of export licence referred to in Article 12 (1) of Annex III

>REFERENCE TO A FILM>

Specimen of export licence referred to in Article 12 (2) of Annex III for Hong Kong

>START OF GRAPHIC>

>END OF GRAPHIC>

Specimen of the export licence referred to in Article 19 (2) of Annex III for Egypt and Malta

>REFERENCE TO A FILM>

Appendix I to Annex II

>START OF GRAPHIC>

>END OF GRAPHIC>

Appendix 2 to Annex III

Lista de las autoridades nacionales competentes

Liste des autorités nationales compétentes

List of the national competent authorities

Liste der zuständigen Behörden der Mitgliedstaaten

Elenco delle competenti autorità nazionali

Ðßíáêáò ôùí áñìüäéùí åèíéêþí áñ÷þí

Lista das autoridades nacionais competentes

Lijst van bevoegde nationale instanties

Liste over kompetente nationale myndigheder

Lista över nationella behöriga myndigheter

Luettelo toimivaltaisista kansallisista viranomaisista

1. Belgique/België

Ministère des affaires économiques/Ministerie van Economische Zaken

Office central des contingents et licences/Centrale Dienst voor Contingenten en Vergunningen

Rue J.A. De Motstraat 24-26

B-1040 Bruxelles/Brussel

Tél.: (32 2) 233 61 11

Télécopieur: (32 2) 230 83 22

2. Danmark

Erhvervsfremme Styrelsen

Søndergade 25

DK-8600 Silkeborg

Tlf.: (45) 87 20 40 60

Fax: (45) 87 20 40 77

3. Deutschland

Bundesamt für Wirtschaft

Frankfurter Str. 29-31

D-65760 Eschborn

Tel.: (49 61 96) 4 04-0

Fax: (49 61 96) 94 22 60

4. ÅëëÜäá

Õðïõñãåßï ÅèíéêÞò Ïéêïíïìßáò

ÃåíéêÞ Ãñáììáôåßá Äéåèíþí Ïéêïíïìéêþí Ó÷Ýóåùí

ÃåíéêÞ Äéåýèõíóç Åîùôåñéêþí Ïéêïíïìéêþí êáé Åìðïñéêþí Ó÷Ýóåùí

Ä/íóç Äéáäéêáóéþí Åîùôåñéêïý Åìðïñßïõ

Ìçôñïðüëåùò 1

GR-10557 ÁèÞíá

Ôçë.: (301) 323 04 18, 322 84 93

ÔÝëåöáî: (301) 323 43 93

5. España

Ministerio de Comercio y Turismo

Dirección General de Comercio Exterior

Paeso de la Castellana n° 162

E-28071 Madrid

Tel.: (34-1) 349 38 17; 349 37 48

Telefax: (34-1) 563 18 23; 349 38 31

6. France

Ministère de l'industrie, des postes et télécommunications et du commerce Extérieur

Services des Biens de Consommation (SERBCO)

Mission Textile - Importations

3/5 rue Barbet de Jouy

F-75353 Paris 07 SP

Tél.: (33-1) 43 19 36 36

Fax: (33-1) 43 19 36 74

Télex: 204 472 SERBCO

7. Ireland

Department of Tourism and Trade

Single Market Unit (Room 315)

Kildare Street

IRL-Dublin 2

Tel.: (353 1) 662 14 44

Fax: (353 1) 676 61 54

8. Italia

Ministero del Commercio con l'Estero

Direzione Generale delle Importazioni e delle Esportazioni

Viale America 341

I-00144 Roma

Tel.: (39-6) 59 931

Fax: (39-6) 59 93 26 31 - 59 93 22 35

Telex: 610083-610471 - 614478

9. Luxembourg

Ministère des affaires étrangères

Office des licences

Boîte postale 113

L-2011 Luxembourg

Tél.: (352) 22 61 62

Télécopieur: (352) 46 61 38

10. Nederland

Centrale Dienst voor In- en Uitvoer

Engelse Kamp 2

Postbus 30003

NL-9700 RD Groningen

Tel.: (3150) 52 39 111

Fax: (3150) 52 60 698

11. Portugal

Ministério do Comércio e Turismo

Direcção-Geral do Comércio

Avenida da República 79

P-1000 Lisboa

Tel.: (351-1) 793 03 93; 793 30 02

Telecópiadora: (351-1) 793 22 10; 796 37 23

Telex: 13418

12. United Kingdom

Department of Trade and Industry

Import Licensing Branch

Queensway House

West Precinct

Billingham

United Kingdom Cleveland TS23 2NF

Tel.: (44 1642) 36 43 33; 36 43 34

Fax: (44 1642) 53 35 57

Telex: 58608

13. Österreich

Bundesministerium für wirtschaftliche Angelegenheiten

Gruppe II A

Landstrasser Hauptstr. 55/57

A-1030 Wien

Tel.: (43-1) 771 02 362; 771 02 361

Fax: (43-1) 715 83 47

14. Sweden

National Board of Trade (Kommerskollegium)

Box 1209

S-11182 Stockholm

Tel.: (46 8) 791 05 00

Fax: (46 8) 20 03 24

15. Suomi

Tullihallitus

PL 512

FIN-00101 Helsinki

Tel.: (358-0) 61 41/61 42 648

Fax: (358-0) 61 42 764`.

ANNEX IV

'ANNEX V

>TABLE>

>TABLE>

>TABLE>

>TABLE>

`

ANNEX V

'ANNEX VI

Referred to in Article 3

Cottage industry and folklore products

1. The exemption provided for in Article 3 in respect of cottage industry products shall apply only to the following types of products:

(a) fabrics woven on looms operated solely by hand or foot, being fabrics of a kind traditionally made in the cottage industry of each supplier country;

(b) garments or other textile articles of a kind traditionally made in the cottage industry of each supplier country, obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine. In the case of Pakistan, the exemption shall apply to cottage industry products made by hand from the products described in subparagraph (a). In the case of India this exception applies to the cottage industry products made by hand from the products described in subparagraph (a);

(c) traditional folklore products of each supplier country, made by hand, listed in an Annex to the bilateral agreements or arrangements concerned;

(d) in the case of Bangladesh, Indonesia, Malaysia, Sri Lanka and Thailand, traditional handicraft batik fabrics and textile articles made from such batik fabrics whether sewn by hand or on a hand or foot-operated sewing machine. Batik fabrics shall be defined as follows:

handicraft batik fabrics are made according to a traditional process whereby colours and shades are applied to white unbleached fabrics. This process is carried out by hand in three stages:

(i) application of wax to the fabric by hand;

(ii) dyeing or painting (colour is applied either by the traditional craft method of dyeing, or by hand painting);

(iii) removal of wax by boiling the fabric.

These three treatments are carried out for each of the colours or shades applied to the fabrics.

2. Exemption shall be granted only in respect of products covered by a certificate conforming to the specimen attached to this Annex and issued by the competent authorities in the supplier country.

However, in the case of Turkey, the export information document shall conform to the specimen attached to this Annex.

In the case of Bangladesh, Indonesia, Malaysia, Sri Lanka and Thailand, the following shall be entered in box 11 of the certificate:

"(d) Traditional handicraft batik fabrics and textile articles made from such batik fabrics"

and

"(d) Tissus artisanaux traditionnels 'batik` et articles textiles fabriqués à partir de tels tissus 'batik`."

In the case of India, the title of the certificate is as follows:

"Certificate in regard to handloom fabrics, products of the cottage industry and traditional folklore products, issued in conformity with and under the conditions regulating trade in textile products with the European Community",

"Certificat relatif aux tissus tissés sur métier à main et aux produits faits avec ces tissus de fabrication artisanale et aux produits relevant du folklore traditionnel délivré en conformité avec et sous les conditions régissant les échanges de produits textiles avec la Communauté Européenne";

and paragraph (b) in box 11 shall read as follows:

"(b) Hand-made cottage industry products made of the fabrics described under (a)",

and

"(b) Produits de fabrication artisanale faits à la main avec les tissus décrits sous (a)."

In the case of Turkey, the export information document shall bear a conspicuous stamp "Folklore". In the case of Hungary, the certificates concerning the products envisaged in indent (c) above must bear a stamp "Folklore" marked clearly. In the case of a difference of opinion between the Community and Hungary concerning the nature of these products, consultations shall be held within one month in order to resolve these differences.

The certificate and export information document shall specify the grounds on which exemption is granted.

3. Should imports of any product covered by this Annex reach proportions liable to cause problems within the Community, consultations with the supplying countries shall be initiated as soon as possible, with a view to resolving the situation by the adoption of a quantiative limit or surveillance measures, in accordance with Articles 10 and 13 of this Regulation.

The provisions of Part VI of Annex III shall apply mutatis mutandis to the products covered in paragraph 1 of this Annex.`

>START OF GRAPHIC>

>END OF GRAPHIC>

Sample of the export information document for Turkey referred to in the second subparagraph of paragraph 2 of Annex VI

>START OF GRAPHIC>

>END OF GRAPHIC>

ANNEX VI

'ANNEX VII

referred to in Article 5

Outward processing traffic

Article 1

Re-imports into the Community of textile products listed in column 2 of the table attached to this Annex, effected in accordance with the Regulations on economic outward processing in force in the Community, shall not be subject to the quantitative limits given in column 4 of the table and have been re-imported after processing in the corresponding third country listed in column 1 for each of the quantitative limits specified.

Article 2

Re-imports not covered by this Annex may be subject to specific quantitative limits in accordance with the procedure laid down in Article 17 of the Regulation, provided that the products concerned are subject to the quantitative limits laid down in Article 2 of this Regulation.

Article 3

1. Transfers between categories and advance use or carry-over of portions of specific quantitative limits from one year to another may be carried out in accordance with the procedure laid down in Article 17 of the Regulation.

2. However, automatic transfers in accordance with paragraph 1 may be carried out within the following limits:

- transfer between categories for up to 20 % of the quantitative limit established for the category to which the transfer is made, except in the case of re-imports from Bulgaria, the Czech Republic, Hungary, Poland, Romania and the Slovak Republic, where up to 25 % may be transferred,

- carry-over of a specific quantitative limit from one year to another for up to 10,5 % of the quantitative limit established for the actual year of utilization, except in the case of Bulgaria, the Czech Republic, Hungary, Poland, Romania and the Slovak Republic, where up to 13,5 % may be carried over,

- advance use of a specific quantitative limit for up to 7,5 % of the quantitative limit established for the actual year of utilization.

3. Where there is a need for additional imports the specific quantitative limits may be adjusted in accordance with the procedure laid down in Article 17 of the Regulation.

4. The Commission shall inform the third country or countries concerned of any measures taken pursuant to the preceding paragraphs.

Article 4

1. For the purpose of applying Article 1, the competent authorities of the Member States, before issuing prior authorizations in accordance with the relevant Community Regulations on economic outward processing, shall notify the Commission of the amounts of the requests for authorizations which they have received. The Commission shall notify its confirmation that the requested amount(s) are available for re-importation within the respective Community limits in accordance with the relevant Community Regulations on economic outward processing.

2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case:

(a) the third country in which the goods are to be processed;

(b) the category of textiles products concerned;

(c) the amount to be re-imported;

(d) the Member State in which the re-imported products are to be put into free circulation;

(e) an indication as to whether the requests relate to

(i) a past beneficiary applying for the quantities set aside under Article 3 (4) or in accordance with the fifth subparagraph of Article 3 (5) of Council Regulation (EC) No 3036/94 (1), or to

(ii) an applicant under the third subparagraph of Article 3 (4) or under Article 3 (5) of that Regulation.

3. Normally the notifications referred to in the previous paragraphs of this Article shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.

4. As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each category of products and each third country concerned. Notifications presented by Member States for which no confirmation can be given because the amounts requested are no longer available within the Community quantitative limits, will be stored by the Commission in the chronological order in which they have been received and confirmed in the same order as soon as further amounts become available through the application of flexibilities foreseen in Article 3.

5. The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import authorization. Such unused quantities shall automatically be recredited to the quantities within the Community quantitative limits not set aside pursuant to the first subparagraph of Article 3 (4) or to the fifth subparagraph of Article 3 (5) of Council Regulation (EC) No 3036/94.

The quantities for which a renunciation has been made pursuant to the third sub-paragraph of Article 3 (4) of Council Regulation (EC) No 3036/94, shall automatically be added to the quantities within the Community quota that are not set aside pursuant to the first sub-paragraph of Article 3 (4) or to the fifth sub-paragraph of Article 3 (5) of the said Regulation.

All such quantities as outline in the preceding subparagraphs shall be notified to the Commission in accordance with paragraph 3 above.

(1) OJ No L 322, 15. 2. 1994, p. 1.

Article 5

The certificate of origin shall be issued by the competent governmental authorities in the supplier country concerned, in accordance with the Community legislation in force and the provisions of Annex III for all products covered by this Annex.

Article 6

The competent authorities of the Member States shall supply the Commission with the names and addresses of the authorities competent to issue the prior authorizations referred to in Article 4 together with specimens of the stamp impressions used by them.

>TABLE>

COMMUNITY QUANTITATIVE LIMITS FOR GOODS RE-IMPORTED UNDER OPT

applicable for the years 1995 to 1997

(The complete description of the goods is shown in Annex IB)

>TABLE>

`

ANNEX VII

'ANNEX VIII

referred to in Article 7

Flexibility provisions

The attached table indicates for each of the supplier countries listed in column 1 the maximum amounts which, after advance notification to the Commission, it may transfer between the corresponding quantitative limits indicated in Annex V in accordance with the following provisions:

- advance utilization of the quantitative limit for the particular category established for the following quota year shall be authorized up to the percentage of the quantitative limit for the current year indicated in column 2; the amounts in question shall be deducted from the corresponding quantitative limits for the following year,

- carry-over of amounts not utilized in a given year to the corresponding quantitative limit for the following year shall be authorized up to the percentage of the quantitative limit for the year of actual utilization indicated in column 3,

- transfers from categories 1 to categories 2 and 3 shall be authorized up to the percentages of the quantitative limit to which the transfer is made indicated in column 4,

- transfers between categories 2 and 3 shall be authorized up to the percentages of the quantitative limit to which the transfer is made indicated in column 5,

- transfers between categories 4, 5, 6, 7 and 8 shall be authorized up to the percentages of the quantitative limit to which the transfer is made indicated in column 6,

- transfers into any of the categories in Groups II or III (and where applicable Group IV) from any of the categories in Groups I, II or III shall be authorized up to the percentages of the quantitative limit to which the transfer is made indicated in column 7.

The cumulative application of the flexibility provisions referred to above shall not result in an increase in any Community quantitative limit for a given year above the percentage indicated in column 8.

The table of equivalence applicable to the abovementioned transfers is given in Annex I.

Additional conditions, possibilities for transfers and notes are given in column 9 of the table.

>TABLE>

>TABLE>

`

ANNEX VIII

'ANNEX IX

referred to in Article 10

Safeguard clauses; basket exit thresholds

>TABLE>

>TABLE>

`

ANNEX IX

'ANNEX XI

List of members of the World Trade Organization

Antigua and Barbuda

Argentina

Australia

Bahrain

Bangladesh

Barbados

Belize

Botswana

Brazil

Brunei Darussalam

Burkina Faso

Canada

Central African Republic

Chile

Colombia

Costa Rica

Côte d'Ivoire

Cuba

Czech Republic

Djibouti

Dominica

Dominican Republic

Egypt

El Salvador

Gabon

Ghana

Guinea Bissau

Guyana

Honduras

Hong Kong

Hungary

Iceland

India

Indonesia

Israel

Jamaica

Japan

Kenya

Kuwait

Lesotho

Macao

Malawi

Malaysia

Maldives

Mali

Malta

Mauritania

Mauritius

Mexico

Morocco

Myanmar

Namibia

New Zealand

Nigeria

Norway

Pakistan

Paraguay

Peru

Philippines

Poland

Romania

Senegal

Singapore

Slovak Republic

South Africa

South Korea

Sri Lanka

St Lucia

St Vincent and the Grenadines

Suriname

Swaziland

Switzerland

Tanzania

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

United States

Uruguay

Venezuela

Zambia

Zimbabwe`