Proposal for a COUNCIL REGULATION amending Regulation (EEC) nº 3030/93 on common rules for imports of certain textile products from third countries

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EEC) No. 3030/93 on common rules for imports of certain textile products from third countries provides the framework of Regulations under which textile products are imported into the Community.

On-going experience with the provisions of Regulation (EEC) No. 3030/93 suggests that the import regime for textile products covered by Regulation (EEC) No. 3030/93 would benefit from certain modernisations and improvements.

These amendments relate to the following areas:

(a) For various reasons, particularly bankruptcy, the judicial or administrative authorities of the Member States take possession of textile products for which no valid import authorisation is available (usually because it has expired). In these circumstances, the Commission proposes to allow the competent authorities to apply to dispose of the products within the Community subject to the opinion of the Member States in the Textiles Committee.

(b) Under the current import regime Member State authorities are obliged to inform the Commission of the extent of unused import authorisations in order that these amounts can be re-credited to the relevant quota of the exporting country. However, no obligation currently exists to oblige importers to inform the Member State authorities whether they have used import authorisations in full. The Commission proposes to introduce this obligation.

(c) The commitology aspects of the Regulation need to be brought into line with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, by providing that any implementing measures should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

(d) The current import regime relies on export documents in paper form. Electronic licensing in the form of paperless communication is however both feasible and practised by exporting countries with other major importers. The Commission proposes to amend the regulation to allow for electronic licensing.

(e) The current import regime takes no specific account of the possibility of goods being placed in customs warehouses. It is impossible to reconcile the principles of long-term storage in customs warehouses with the reliance on individual quota years in the import regime for textiles. However, to facilitate the use of customs warehousing within the current import regime the Commission proposes that it should be possible for Member States to extend import authorisations for longer periods where goods are in customs warehouses.

(f) The double-checking system for products subject to surveillance currently does not permit the same possibilities of extending periods of validity of import authorisations as those concerning the double-checking system for quotas. The Commission proposes to remove this anomaly.

(g) The current import regime provides for the possibility of using a single import authorisation for several consignments. However, for each consignment a separate certificate of origin is necessary. The Commission proposes to amend the regulation to allow a single certificate of origin to cover more than one consignment of goods where they are covered by a single import authorisation.

(h) It should be made clear that the grant of additional amounts provided for in column 9 of Annex VIII is subject to the procedure foreseen by Article 17 paragraphs 1, 2 and 3 of the Regulation.

(i) Certain adaptations of a technical nature are necessitated by the aforementioned changes.

2000/0209 (ACC)

Proposal for a COUNCIL REGULATION 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) Textiles imports for which no valid import authorisations are available are sometimes taken into the possession of judicial and administrative authorities of the Member States, particularly in the context of bankruptcy or similar proceedings. In such cases it should be possible in particular circumstances for the competent authorities to apply to dispose of the products within the Community.

(2) To facilitate information concerning quantities covered by import authorisations that are not in fact used, importers should be under an obligation to inform the competent authorities within five working days of the use or expiry of an import authorisation whether any amounts remain unused.

(3) Since the measures necessary for the implementation of Regulation (EEC) No. 3030/93 are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [1], they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

[1] OJ L 184, 17.7.1999, p. 23.

(4) Regulation (EEC) No. 3030/93 makes provision for a double-checking system relying on the issue of export and import licences in paper form. In the light of technological progress it is appropriate to provide for the possibility of transmitting the necessary information in electronic form.

(5) It is appropriate to co-ordinate the provisions concerning customs warehouses with the periods of validity of licences by allowing Member States to extend import authorisations for a longer period when the goods concerned are in customs warehouses.

(6) The provisions of the double-checking system for products subject to surveillance should contain the same possibilities of extending the periods of validity of import authorisations as those concerning the double-checking system for administering quantitative limits.

(7) Where goods are the subject of a single import licence and are classified in the same category and are within a trade flow between the same exporter and the same importer and subject to entry formalities at the same customs office in the Community it should be possible to present a single certificate of origin covering more than one consignment of goods.

(8) It should be made clear that the grant of additional amounts provided for in column 9 of Annex VIII is subject to the regulatory committee procedure.

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The following paragraph 8 is added:

"8. Where textile imports for which no valid import authorisation is available have been taken into the possession of the competent judicial or administrative authorities of the Member States, particularly in the context of bankruptcy or similar procedures, such goods may in particular circumstances be released into free circulation in accordance with the procedure laid down in Article 17."

2. Article 12 (5) is replaced by the following:

"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 authorisation or at the time of its expiry. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each category of product and each third country concerned. Within 5 working days of the use or expiry of the import authorisation importers shall inform the competent authorities of the amount of any unused quantities."

3. In Article 16 (1) "Article 17(5)" is replaced by "Article 17a".

4. Article 17 is replaced by the following Articles 17 and 17a:

"Article 17

The textile committee

1. The Commission shall be assisted by a committee (the 'textile committee'), composed of representatives of the Member States and chaired by the representative of the Commission.

2. Where reference is made to this article, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.

3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be one month.

Article 17a

The chairman may, on his own initiative or at the request of one of the Member States representatives, consult the committee about any other matter relating to the operation or application of this Regulation."

5. Annexes III and VIII are amended in accordance with the annexes hereto.

Article 2

This Regulation shall enter into force on the first day of the second month following 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.

Done at Brussels,

For the Council

The President

ANNEX

1. Annex III is hereby amended as follows:

a) Article 11 is amended by the addition of the following new paragraph 3:

"3. Where a supplier country has entered into administrative arrangements with the Community concerning electronic licensing the relevant information may be transmitted by electronic means to replace the grant of export licences in paper form."

b) Article 12 is amended by the addition of the following new paragraph 4:

"4. Where a supplier country has entered into administrative arrangements with the Community concerning electronic licensing the relevant information may be transmitted by electronic means and shall be in substitution of the specimens referred to in paragraphs 1 or 2."

c) Article 13 is replaced by the following:

"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 this Regulation. Goods may be charged against the quantitative limits for the year following shipment where the provisions of Article 2(3) second sub-paragraph of this Regulation apply."

d) Article 14(2) shall be replaced by the following:

"2 (a) The import authorisations 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 Regulation.

(b) Where goods have been imported pursuant to the arrangements concerning customs warehouses and upon a duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity of six months from the date of their issue for two further periods of three months each."

e) Article 21(2) is replaced by the following:

"2 (a) The import authorisations 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 Regulation.

(b) Where goods have been imported pursuant to the arrangements concerning customs warehouses and upon a duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity of six months from the date of their issue for two further periods of three months each."

f) Article 28 is amended by the addition of the following new paragraph 7:

"7. At the request of the importer and having regard to the conditions laid down by the customs authorities of the importing Member State, when goods:

(a) are the subject of a single export licence;

(b) are classified in the same category; and

(c) come exclusively from the same exporter, are destined for the same importer and are made the subject of entry formalities at the same customs office in the Community,

a single certificate of origin may be submitted to the customs authorities at the importation of the first consignment. This procedure shall be applicable for the same period as the validity of the import authorisation including any subsequent extension thereof."

2. In Annex VIII under "Additional conditions" (column 9), on each occasion that it appears, the phrase "Further amounts may be authorised following consultations in accordance with Article 16" shall be replaced by "Further amounts may be authorised by the Commission in accordance with the procedure of Article 17".