COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 05.09.1996 
COM(96) 438 final 
96/0222 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Annex II to Regulation (EC) No 519/94 on common rules for imports 
from certain third countries 
(presented by the Commission) 

Explanatory Memorandum 
Under Council Regulation (EC) No 519/94 of 7 March 1994, ' as last amended by 
Regulation (EC) No 752/96,2 certain products originating in the People's Republic of 
China are subject to quantitative restrictions. They include glass tableware and certain 
types of footwear. 
A number of classification problems affecting the working of these quotas have come to 
the notice of the Tariff and Statistical Nomenclature Section of the Customs Code 
Committee, which was set up under Regulation (EEC) No 2658/87, as amended by 
Regulation (EC) No 2913/92, to ensure uniform application of the Combined 
Nomenclature. 
One concerns glass-fronted clip-frames, consisting of a mechanically-gathered glass sheet 
with worked edges, a printed paper sheet and a piece of hardboard to support the picture, 
held together by clips of base metal. Regulation (EC) No xxxx/96 classifies these frames 
in CN code 7013 99 90, which means that those originating in China are now subject to a 
quantitative quota throughout the Community. 
The effects of this classification would, however, appear to go beyond what is necessary 
for the protection of the sectors of Community industry concerned and do not reflect the 
Council's intentions when it introduced the quota system. The clip-frames defined in the 
above classification Regulation should therefore be excluded from the quota 
arrangements laid down in Regulation (EC) No 519/94. 
1 OJ No L 67, 10.3.1994, p.89. 
2 OJNoL103, 26.4.1996, p. 1. 
Another difficulty concerns the exclusion of certain sports footwear. Council Regulation 
(EC) No 538/953 extended the exclusion applied to sports footwear involving special 
technology to cover the sports footwear described in subheading note 1 (a) to Chapter 64 
of the Combined Nomenclature. The implementation of this exclusion by the customs 
authorities has shown it to be irrelevant and even a source of confusion in respect of the 
quotas applicable to footwear of HS/CN codes 6402 99, 6403 91 and 6403 99. It has 
become clear that no item of footwear covered by the HS/CN codes in question could 
answer the description in subheading note 1(a). 
The technical amendments described above should therefore be made to Annexes II and 
III to Regulation (EC) No 519/94. 
A proposal for a Regulation to that effect is enclosed for approval. 
QI No L 55,. 11.3.1995, p. 1. 
Proposal for a 
Council Regulation (EC) No ..../96 
of... 1996 
amending Annexes II and III to Regulation (EC) No 519/94 on common rules for 
imports from certain third countries 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for 
imports from certain third countries1, as last amended by Regulation (EC) No 752/962 , 
introduced certain quantitative quotas, listed in Annex II to that Regulation, applicable to 
the People's Republic of China; whereas one such quota applies to glassware falling 
within HS/CN heading 7013; 
Whereas Commission Regulation (EC) No xxxx/96 of 22 August 19963 classifies glass-
fronted clip-frames, consisting of a mechanically-gathered glass sheet with worked 
edges, a printed paper sheet and a piece of hardboard to support the picture, held together 
by clips of base metal, within CN code 7013 99 90; 
Whereas, as a result, such clip-frames originating in the People's Republic of China are 
now subject to a quantitative quota throughout the Community; 
Whereas the effects of this classification go beyond what is necessary for the protection 
of the sectors of Community industry concerned; whereas these clip-frames should 
therefore be excluded from the quota arrangements introduced by Regulation (EC) 
No 519/94; 
1 OJ No L 67 of 10.03.1994, p. 89. 
2 OJ No L 103 of 26.4.1996, p. 1. 
3 0JNoL... 
Whereas Regulation (EC) No 519/94 excludes certain sports footwear and footwear 
involving special technology from the quotas applicable to footwear of HS/CN codes 
6402 99, 6403 91, 6403 99 and 6404 11; 
Whereas the application of the above exclusion by the customs authorities has been 
discussed in the Customs Code Committee; whereas the present wording of the exclusion 
has been found to pose a number of practical problems in the field; whereas 
HS/CN codes 6402 99, 6403 91 and 6403 99 do not cover footwear which is designed for 
a sporting activity and has, or has provision for the attachment of, spikes, sprigs, stops, 
clips, bars or the like, with a non-injected sole; whereas the wording of the exclusion in 
Annex II to Regulation (EC) No 519/94 must therefore be corrected in the interests of the 
proper and uniform application of Community legislation; 
Whereas Annex II to Regulation (EC) No 519/94 and the corresponding provisions of 
Annex III thereto should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Annex II to Regulation (EC) No 519/94 shall be replaced by the Annex to this 
Regulation. 
Article 2 
In Annex III to Regulation (EC) No 519/94, the text concerning footwear shall be 
replaced by the following: 
"Footwear falling within HS/CN codes: 6402 19 
ex 6402 99' 
6403 19 
ex 6403 91' 
ex 6403 99' 
ex 6404 ll2 
1 Footwear involving special technology: shoes which have a cif price per pair of not 
less than ECU 9 for use in sporting activities, with a single- or multi-layer moulded 
sole, not injected, manufactured from synthetic materials specially designed to 
absorb the impact of vertical or lateral movements and with technical features such as 
hermetic pads containing gas or fluid, mechanical components which absorb or 
neutralize impact or materials such as low-density polymers. 
2 (a) Footwear which is designed for a sporting activity and has, or has provision for 
the attachment of, spikes, sprigs, stops, clips, bats or the like, with a non-
injected sole; 
(b) Footwear involving special technology: shoes which have a cif price per pair of 
not less than ECU 9 for use in sporting activities, with a single- or multi-layer 
moulded sole, not injected, manufactured from synthetic materials specially 
designed to absorb the impact of vertical or lateral movements and with 
technical features such as hermetic pads containing gas or fluid, mechanical 
components which absorb or neutralize impact or materials such as low-density 
polymers." 
Article 3 
This Regulation shall enter into force on the day 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 
"Annex II 
List of quotas for certain products originating in China 
Description of products HS/CN Code Quotas 
(annual basis) 
Footwear falling within HS/CN ~~ e764Tj2991 39.151.481 pairs 
codes 
6403 5Î" 2.795.000 pairs 
6403 59 
ex 6403 9!l 12.120.000 pairs 
ex 6403 99 * j 
ex 6404 112 18.228.780 pairs 
6404 19 10 31.897.716 pairs 
—— •• ——— -j___ __ 
Tableware, kitchenware of porcelain 6911 10 : 45.800 tonnes 
or china falling within HS/CN code J 
. , -_——__—_—,——. _ - i, • ___«—___.. 
Ceramic tableware, kitchenware, 6912 00 ! 34.650 tonnes 
other than of porcelain or china I 
falling within HS/CN code | s 
I Glassware of a kind used for table, 70133 15.600 tonnes j 
kitchen, toilet, etc. falling within I 
HS/CN code I 
Toys falling within HS/CN codes 9503 41 
9503 49 1.056.996.632 ECU 
9503 90 j 
1 Excluding footwear involving special technology: shoes which have a cif price per pair of not less than 
ECU 9 for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured 
from synthetic materials specially designed to absorb the impact of vertical or lateral movements and with 
technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or 
neutralize impact or materials such as low-density polymers. 
2 Excluding: 
(a) footwear which is designed for a sporting activity and has, or has provision for the attachment of, 
spikes, sprigs, stops, clips, bats or the like, with a non-injected sole; 
(b) footwear involving special technology: shoes which have a cif price per pair of not less than ECU 9 for 
use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from 
synthetic materials specially designed to absorb the impact of vertical or lateral movements and with 
technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or 
neutralize impact or materials such as low-density polymers. 
3 Excluding glass-fronted clip-frames, consisting of a mechanically-gathered glass sheet with worked 
edges, a printed paper sheet and a piece of hardboard to support the picture, held together by clips of base 
metal." 

ISSN 0254-1475 
COM(96) 438 final 
DOCUMENTS 
EN 02 li 
Catalogue number : CB-CO-96-443-EN-C 
ISBN 92-78-08627-4 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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