Proposal for a COUNCIL REGULATION (EC) amending for 1994 the level of the quantitative limits applicable to imports of certain textile products originating in China and listed in Annex IV to Council Regualtion (EC) No 517/94 of 7 March 1994 om common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules
Date: 1994-10-20
Institutions: European Commission
Subjects: import, import licence, import policy, quantitative restriction, textile product

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(94) 443 final 
Brussels, 20.10.1994 

94/0239  (ACC) 

P r o p o s al 

f or  a 

COUNCIL  REGULATION  (EC) 

amending for  1994 the level of the quantitative limits applicable 
to imports of certain textile products 
originating in China and 
listed in Annex IV to  Council Regulation (EC) No 517/94 
of 7 March 1994 
on common rules for imports of textile products 
from certain third countries not covered by bilateral agreements, 
protocols or other arrangements, 
or by other specific Community import rules 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

z 

Subject: 

Proposal for  a Council Regulation modifying,  for the year  1994, the level of 
quantative  limits  applicable  to  the  import  of  certain  textile  products 
originating  in China, which  are specified  in Annex IV  of Council  Regulation 
(EC)  no.  517/94  of  7  March  1994  on  common  rules  for  imports  of  textile 
products  from  certain  third  countries  not  covered  by  bilateral  agreements, 
protocols,  or  other  arrangements,  or  by  other  specific  Community  import 
rules. 

Annex IV of Council Regulation (EC) no. 517/94 of 7 March  1994 (on common rules for 
imports  of  textile  products  from  certain  third  countries  not  covered  by  bilateral 
agreements,  protocols,  or  other  arrangements,  or  by  other  specific  Community  import 
rules)  placed  quantative  restrictions  on  imports  of  a limited  number  of  textile  products 
originating in China; each of these quotas reflects the particular sensitivity of the  different 
sectors of the Community textile industry to Chinese imports. 

When settling the level of these quotas the Council endeavoured  to find a certain balance 
between protection for the concerned  sectors of Community industry  and maintaining an 
acceptable level of trade with China. 

However,  several  Member  States,  following  the  implementation  of  these  quotas 
determined that this balance had not been attained in an entirely satisfactory  manner, in so 
far  as  disruptions  have  occurred  in  trade  with  China  affecting  the  activities  and 
profitability  of  certain  Community  economic  sectors  involved  in  importing  the  products 
concerned. 

The  Commission,  in  order  to  facilitate  the  transition  between  the  former  and  current 
import  regimes,  has  proposed  to  the  Committee  established  by  Regulation  (EC)  n° 
517/94  exceptional  quota  increases  only  for  1994,  in  order  not  to  hinder  the  current 
bilateral negotiations with China, as indicated in the first Article  of the proposal.  These 
increases represent 25% of all (textiles) quotas created relative to China.  These additional 
amounts are to be allocated to importers under the provisions of Article 17 of the Council 
Regulation  according  to  the  order  in  which  notification  is  received  from  the  Member 
States of the requests for import authorisation; 

The draft  measures  submitted by the Commission  to  the Committee  have  not  received  a 
favourable  opinion of the Committee (absence of a qualified  majority).  In the absence of 
opinion, the Article 25, paragraph 4, procedure foresees  that the Commission  will submit 
to the Council, without delay, a proposal concerning measures to be taken. 

The Council is therefore  asked to adopt the following  draft  regulation which contains the 
initial  proposal  of  the  Commission  as  submitted  to  the  Committee  established  by 
Regulation (EC) n° 517/94. 

3 

Proposal for a 
Council Regulation (EC) No  .../94 
amending for  1994 the level of the quantitative limits applicable 
to imports of certain textile products 
originating in China and 
listed in Annex IV to  Council Regulation (EC) No 517/94 
cC7Mareàl994 
on common rules for imports of textile products 
from certain third countries not covered by bilateral agreements, 
protocols or other arrangements, 
or hf  other specific Community import mtes 

THE COUNCIL OF THE EUROPEAN BNION, 

Having regard to the Treaty establishing the European Comnwmiry, and in particular 
Article  113 thereof; 

Having regard to Council Regulation (EC) No  517/94 on common rules for imports  of 
textile produas from certain third countries not covered by bilateral agreements,  protocols 
or other arrangements,  or by other specific  Community import rules, and in particular 
Article 5 in conjunction with Article 25(4) thereof1) 

Having regard to the Commission proposal, 

Whereas the Council, by Regulation (EC) No  517/94,  imposed  Community-level 
quantitative limits on imports of certain textile products originating in China because  of 
tie  sensitivity of the relevant sectors of the Community textile industry, 

Whereas the Council, in setting the level of these quotas, endeavoured to find a certain 
balance between providing the requisite protection for the relevant sectors of the 
Community textiles industry and maintaining an acceptable level of trade with China; 

Whereas the introduction of the quotas and their implementation  on the basis of the 
administrative rules laid down in Regulation (EC) No  517/94 have given rise to  complaints 
from some Member States that this balance has not been satisfactorily achieved for  1994 
since disturbances in trade with China have affected the business and profits  of certain 
sectors of the Community economy engaged in the importation, marketing and processing 
of the products in question; 

Whereas, in view of this, and in order to facilitate the transition between the previous rules 
for imports and those established under Regulation (EC) No  517/94, the Commission has 
considered  it appropriate to adapt the levels of these quotas by increasing them 
appropriately for the year 1994 based in particular on the quantitative requirements 
transmitted by the Member States, taking into account the objective of the Commission 
which remains the conclusion of a bilateral agreement with the People's Republic of China 
for all the products concerned which, by changing the present regime into a conventional 
regime, should give guarantees concerning the supply of Chinese raw materials at 
acceptable price conditions. 

l)OJn°L67,  10.3.1994, p. 1 

y 

Whereas it should be reiterated that the amounts by which the quotas for  1994 are to be 
increased are subject to the administrative rules laid down in Regulation (EC) No 517/94 
and will therefore be allocated by the Commission, in accordance with Article 17(1) and 
(2) of that Regulation, in the order in which notification is received from the Member 
States of the requests for import authorization from the date of entry into force of this 
Regulation; 

Whereas, in order to ensure optimal utilization of the quantities confirmed  under this 
Regulation, the validity of the import permits should be fixed at ninety days from the date 
of issue by the Member States; 

Whereas these measures have not received a favourable opinion of the Committee 
established under Council Regulation (EC) n° 517/94 and Article 25, paragraph 4 of the 
said Regulation foresees that if the proposed measures are not in conformity with the 
opinion of the Committee or in the absence of an opinion of the Committee, the 
Commission shall present to the Council, without delay, a proposal for the measures to be 
taken. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Annex IV to Regulation (EC) No 517/94 shall be amended for the year 1994 as follows in 
respect of products originating in China and falling within  categories ex 18, ex 20, ex 78, 
115, 117, 118, 120, ex 136, 156, 157, 159 and 161: 

Annex IV A 

The product descriptions of the above categories 
are to be found in Annex IA to Regulation (EC) No 517/94 

Category 

ex 181) 
ex 201) 
ex 781) 
115 
117 
118 
120 
ex 1361),2) 
156 
157 
159 
161 

Unit 

Exceptional additional amounts for  1994 

tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes 

150 
10 
10 
200 
100 
60 
60 
30 
800 
1  600 
1200 
1  550 

')  Categories marked by "ex" cover products other than those of wool or fine hairs, 

cotton or synthetic or artificial textile materials. 

2)  This category covers only woven fabrics and other silk products other than 

unbleached, scoured or bleached products falling within CN codes 5007 20 19, 
5007 20 31, 5007 20 39, 5007 20 41, 5007 20 59, 5007 20 61, 5007 20 69, 
5007 20 71, 5007 90 30, 5007 90 50 and 5007 90 90. 

s~ 

Article 2 

From the date of entry into force  of this Regulation,  the additional  quota amounts  for  the 
year  1994 will, in accordance with Article  17(1) and  (2) of Council  Regulation  (EC) 
No  517/94, be allocated  in the chronological  order  in which  notification  of the requests  for 
import  authorization  is received  from  the Member  States. 

The import authorizations  issued by the Member  States' competent  authorities shall be 
valid for  ninety days from  the date of issue. 

Article 3 

Article 4 

This Regulation  shall enter into force  on the day after  that 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. 

C 

ISSN 0254-1475 

COM(94) 443 final 

DOCUMENTS 

EN 

1102 

Catalogue number : CB-CO-94-463-EN-C 

ISBN 92-77-81165-X 

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