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

The purpose of this Regulation is to amend Regulation (EEC) No 3030/93 to take into account the accession of the new Member States to the Community. As established in the Act of Accession, the new Member States shall apply the common trade policy, including the quantitative limits to the imports of textile and clothing products. The levels of textile quotas must thus be adjusted to include imports into the ten new Member States from 1 May 2004.

The chosen methodology to amend the quantities takes into account the traditional imports into the new Member States, via a formula consisting of the average of the last three years' imports into the ten new Member States originating in third countries, adjusted pro rata temporis. The years 2000 to 2002 have been selected as the most significant. They also represent the latest available information about the ten new Member States' imports in textiles and clothing.

Quota levels for Vietnam are indicative as compliance with the bilateral textile agreement and negotiations on increases due to enlargement will determine the final applicable levels.

Initials of the new Member States are also inserted in the Regulation for the sake of quota management.

Finally, for the sake of transparency and guidance to the economic operators and to facilitate trade prior to the enlargement, appropriate notices will be published in the Official Journals of the new Member States, at a later stage.

The Council is invited to approve this proposal for a Council Regulation amending Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries.

2004/0018(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 [1],

[1] OJ C...,...,

Whereas:

(1) As from 1 May 2004, the European Union will include ten new Member States. The Act of Accession establishes in Article 6(7) that the new Member States must apply the common trade policy concerning textiles and 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 must consequently be adjusted so as to cover imports into the ten new Member States. This necessitates amendments to Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries [2].

[2] OJ L 275, 8.11.1993, p. 1; Regulation as last amended by Regulation (EC) No 138/2003 (OJ L 23, 28.1.2003, p. 1).

(2) In the interests of preventing 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 ten new Member States originating in third countries, adjusted pro rata temporis, would provide an adequate measurement of these historic flows. The years 2000 to 2002 have been selected as the most significant, as they represent the latest available information about the ten 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 May 2004.

(4) The quotas applicable to Vietnam should, pending compliance by Vietnam with the market access commitments under that agreement, be those listed in the bilateral textile agreement between the Community and Vietnam initialled on 15 February 2003 and approved by Council Decision 2003/453/EC [3].

[3] OJ L 152, 20.6.2003, p. 41.

(5) All provisions of Regulation (EEC) No 3030/93 should be expressed to apply to imports into the new Member States; consequently, the initials of the new Member States should be inserted in Annex III.

(6) In order to enable certain operations to take place, it is necessary to insert into Regulation (EEC) No 3030/93 a transitional rule whereby textile products whose importation into the Community is otherwise subject to quantitative limits or surveillance, and which are shipped into the Community prior to 1 May 2004 but which enter the new Member States on or after 1 May 2004, will qualify for import authorisations that are granted automatically.

(7) In order to provide legal cover for the operations in question, it is necessary to insert into Regulation (EEC) No 3030/93 a transitional rule whereby textile products which are shipped prior to 1 May 2004 from the acceding Member States out of the Community for processing, and which are re-imported into the new Member States on or after 1 May 2004, are exempt from quantitative limits or presentation of an import authorisation.

(8) Regulation No 3030/93 should therefore be amended accordingly

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) The following paragraph 9 is added to Article 2:

"9. The release for free circulation in one of the new Member States acceding to the European Communities on 1 May 2004, namely Czech Republic, Estonia, Cyprus, Lithuania, Latvia, Hungary, Malta, Poland, Slovenia and Slovakia, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 May 2004 and enter the new Member States on or after 1 May 2004 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 May 2004.

Such licences shall be communicated to the Commission."

(2) The following paragraph is added to Article 5:

"The release for free circulation of textile products sent from one of the Member States acceding to the European Communities on 1 May 2004 to a destination outside the European Community for processing before 1 May 2004, 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) is replaced by the following:

" - two letters identifying the intended Member State of destination, or group of such Member States, as follows:

- AT = Austria

- BL = Benelux

- CY = Cyprus

- CZ = Czech Republic

- DE = Federal Republic of Germany

- DK = Denmark

- EE = Estonia

- EL = 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

- SE = Sweden

- SI = Slovenia

- SK = Slovakia"

(4) Annex V and the table shown in Annex VII are replaced by the texts set out respectively in Part A and Part B of the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 May 2004.

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

Done at Brussels,

For the Council

The President

ANNEX

Part A

Annex V is replaced by the following:

"ANNEX V

COMMUNITY QUANTITATIVE LIMITS

applicable in 2004

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

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Appendix A to Annex V

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Appendix B to Annex V

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Appendix C to Annex V

COMMUNITY QUANTITATIVE LIMITS

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

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Part B

The table in Annex VII is replaced by the following table:

"TABLE

COMMUNITY QUANTITATIVE LIMITS

FOR GOODS RE-IMPORTED UNDER OPT

applicable for year 2004

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

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