Proposal for a COUNCIL REGULATION (EC) establishing provisional quantitative limits on imports into the Community of certain textile products originating in the People' s Republic of China (cat. 14, cat.17),in the Republic of Indonesia (cat. 23), and in the Republic of India (cat. 23, cat.24)
Date: 1994-10-20
Institutions: European Commission
Subjects: China, import, import policy, market protection, quantitative restriction, third country

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(94) 442 final 
Brussels, 20.10.1994 

94/0240  (ACC) 

Proposal  for a 

COUNCIL REGULATION  (EC) 

establishing provisional quantitative limits on imports 
into the Community of certain textile products originating in the 
People's Republic of China (cat  14, cat  17), in the Republic of Indonesia 
(cat 23), and in the Republic of India (cat 23, cat. 24) 

(presented  by the Commission) 

Explanatory  Memorandum 

The  attached  proposal  of  a  draft  Council  Regulation  introduces  provisional 
quantitative limits on import into the Community of certain textile products originating 
in the People's  Republic  of  China (cat.  14,17)  India (cat.  23,  24)  and  Indonesia  (cat. 
23).  This proposal is made as a consequence of the absence of a favorable  opinion  of 
the Textile Committee on draft measures submitted to it on of 27  September  1994. 

Under  Article  10  of  Council  Regulation  (EEC) n°  3030/93,  should  the  unrestricted 
imports  of  the  concerned  textile  products  into  the  Community  reach  a  certain 
threshold,  the Community  may request  supplier  countries  to  enter  into  consultations 
and,  pending  the  outcome  of  these  consultations,  it  may  establish  a  provisional 
quantitative  limit. 

U p on  analysis  of the  requests  of several  Member  States  (F, IT, B, P) the  Commission 
have  come  to the conclusion  that  for 5  cases  of products  the opening  of  consultations 
with  the concerned  exporting  countries  is fully justified  as  evidenced  by the  following 
figures: 

China:  cat. 14, cat.  17 
India:  cat. 2 3, cat. 24 
Indonesia:  cat. 23 

Ranking 
as EEC  Country  cat. 
supplier 

unit 

Threshold 

Imports 94 
latest available 
figures 

Imports 
92/91 

Imports 
93/92 

Imports 
1993 

China 
14  (OOOpcs) 
China 
17  (OOOpcs) 
India 
23  (tonnes) 
India 
24  (OOOpcs) 
Indonesia  23  (tonnes) 

1.236 
1.499 
2.492 
7.542 
2.492 

2.186 
1.875 
3.963 
16.541 
5.866 

»  57% 
+ 70% 
+ 66% 
+ 70% 
+  19% 

+ 8% 
+ 82% 
+  5% 
+ 50% 
+ 42% 

8.446 
8.381 
7.339 
23.741 
8.548 

Imports  from  these  countries for the categories  concerned  are indeed  well  in excess  of 
the  levels  set out in the bilateral  agreements  on trade  in textile  products  at  which  the 
Community  may  request  the  opening  of  consultations  and  limit  the  imports  of 
products  of the  concerned  categories  provisionally.  It has therefore  been  proposed  in 
the  Committee  extablished  by  Council  Regulation  (EEC)  n°  3030/93,  pending  the 
outcome  of  the  consultations  to  limit  the  imports  into  the  Community  of  those 
products  for a  period  of three  months  up to the following  amounts  which  correspond 
to  the level  provided  for in Article  10 (3) of Council  Regulation  (EEC)  n° 3030/93 : 

cat.  14 
China 
cat.  17 
China 
cat.  23 
India 
India 
cat.  24 
Indonesia  cat. 23 

2112 
2095 
1835 
5935 
2137 

The Commission proposal has not received a favourable opinion at qualified majority 
of the Textile Committee. Therefore in accordance with the procedure of Art.  17(4) of 
Regulation (EEC) n° 3030/93 which foresees that in the absence of an opinion of the 
Textile  Committee  the  Commission  shall  present  to  the  Council  without  delay  a 
proposal for the measures to be taken, the attached draft Council Regulation has been 
prepared.  Notes  Verbale  requesting  the  opening  of  consultations  with  a  view  to 
reaching an agreement or joint conclusions on a suitable level of restriction, together 
with a request to limit the concerned country's exports to the Community to the level 
provided m Article 10(3b) of Council Regulation (EEC) n° 3030/93 have been sent by 
the  Commission  on 
1994.  The  Council  is  asked  to  adopt  the  attached 
proposal. 

i 

Proposal for a 

Council Regulation n° (CE) 

establishing provisional quantitative limits on imports 
into the Community of certain textile products originating in the 
People's Republic of China (cat. 14, cat. 17), in the Republic of Indonesia 
(cat. 23), and in the Republic of India (cat. 23; cat. 24) 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
article  113 thereof, 

Having regard to Council Regulation (EEC) N° 3030/93 of 12 October  1993 on common 
rules for  imports of certain textile products from third countries (1), as last amended by 
Commission  Regulation  (EC)  N°  195/94(2),  and  in  particular  Article  10  thereof,  in 
relation with Article 17 thereof, 

Having regard the proposal of the Commission, 

Whereas  Article  10 of Regulation  (EEC)  N°  3030/93  lays  down  the  conditions  under 
which quantitative limits may be established of certain textile products originating in third 
countries not covered by quantitative limits by virtue of a bilatéral textile agreement; 

Whereas imports  into the Community  of certain  textile  products  specified  in the Annex 
hereto  and  originating  in  the  People's  Republic  of  China  (herein  after  referred  to  as 
"China"),  in the  Republic  of  Indonesia  (herein  after  referred  to  as  "Indonesia"),  in  the 
Republic of India (herein after  referred  to as "India) have exceeded  the level referred  to 
in Article  10 (1) in conjunction with Annex IX of Regulation (EEC) N° 3030/93; 

Whereas,  in  accordance  with  Article  10  (3)  of  Regulation  (EEC)  N°. 3030/93,  on 
1994  China,  Indonesia  and  India  were  notified  of  a  request  for 

consultations; 

Whereas, pending a mutually satisfactory solution, the Commission has requested  China, 
Indonesia and India for a provisional period of three months to limit their exports to the 
Community of the products concerned to the provisional quantitative limits set out  in the 
Annex with effect  from  the date of the request for consultations; 

Whereas pending the outcome of the requested  consultations quantitative  limits identical 
to the one requested of the supplier country should be applied  provisionally to imports of 
the category of products in question; 

Whereas  it  is  appropriate  to  apply  to  imports  into  Community  of  products  for  which 
quantitative  limits  are  introduced  the  provisions  of  Council  Regulation  (EEC)  No 
3030/93 which are applicable to imports of products subject to the quantitative limits set 
out in Annex V of the said Regulation; 

(1)  O J N°  L  2 7 5,  8 . 1 1 . 1 9 9 3,  p.  1 
(2)  O J N°  L  2 9,  2 . 2 . 1 9 9 4, 

p .l 

Whereas  the  products  in  question  exported  from  China, Indonesia  and  India  between 
1994  and  the  date  of  entry  into  force  of  this  Regulation  must  be  set  off 

against the quantitative limits which have been introduced; 

Wfaereas these quantitative limits should not prevent the importation of products covered 
by it, shipped from China, Indonesia and India before the date of entry into force  of this 
Regulation; 

Whereas  the  measures  provided  for  in this  Regulation  have  not  received  a  favourable 
opinion by the  Committee  established by Regulation  (CEE) n° 3030/93; that  article  17, 
paragraph  4,  of  the  said  regulation  foresees  that  if  the  measures  envisaged  are  not 
conform  the  opinion  of  the  Textiles  Committee  or  in  absence  of  an  opinion,  the 
Commission  shall  submit  to  the  Council,  without  delay,  a  proposal  concerning  the 
mesaures to be taken, 

HAS ADOPTED THIS REGULATION 

Article 1 

Without  prejudice  to  the  provisions  of  Article  2,  imports  into  the  Community  of  the 
categories  of  products  originating  in  China,  Indonesia  and  India  and  specified  in  the 
Annex hereto shall be subject to the provisional quantitative limits set out in that Annex. 

Article 2 

1.  Products  referred  to  in  Article  1 shipped  from  China,  Indonesia  and  India  to  the 
Community before the date of entry into force of this Regulation and not yet released  for 
free circulation, shall be so released subject to the presentation of a bill of lading or other 
transport document proving that shipment actually took place during that period. 

2.  Imports  of  products  shipped  to  the  Community  after  the  entry  into  force  of  this 
Regulation  shall be  subject  to  the provisions  of Council Regulation  (EEC) No  3030/93 
which apply to imports into the Community of products subject to the quantitative limits 
set out in Annex V of the said Regulation. 

3. All quantities of products shipped to the Community on or after 
1994 and 
released  for  free  circulation  shall  be  deducted  from  the  quantitative  limits  laid  down. 
These provisional limits shall not, however, prevent the importation of products  covered 
by them but  shipped from  China, Indonesia and India before  the date of entry into  force 
of this Regulation. 

Article 3 

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

It shall apply until 

.1994. 

Done at Brussels, 

t 

ANNEX 

:ategory 

CN  code 

Description 

Third 
country 

Uhit 

Quantitive Limits 
from 

14 

17 

23 

24 

Men's or boys' woven overcoats, raincoats and other coats, cloaks 
and capes, of wool, of cotton or of man-made textile fibres (other 
than parkas) (of category 21) 

China 

000 pes 

2112 

«20111 00 
« 6 2 0 1 1 2 10 
ex 62011290 
« 6 2 0 1 1 3 10 
ex 620113 90 

62102000 

Men's,  or  boys'  jackets  and  blazers,  other  than  knitted  or'  China 
crocheted, of wool, of cotton or of man-made fibres 

000 pes 

2095 

Yarn of staple or waste artificial  fibres, not pot up for retail sale 

Indonesia  tonnes 

2137 

India 

1835 

Men's  or  boys'  nightshirts,  pyjamas,  bathrobes,  dressing  gowns  _. 
and similar articles, knitted or crocheted 

.. 
i n a ia 

-y—. 
KXXi  P °s 

crrec 

•**» 

Women's  or  girls'  nightdresses,  pyjamas,  négligés,  bathrobes, 
dressing gowns and similar articles^ knitted or crocheted 

6203 3100 
6203 3290 
620333 90 
62033919  , 

55082010 

55101100 
55101200 
55102000 
55103000 
55109000 

61072100 
61072200 
6107 29 00 
6i079110 
6107 91 90 
61079200 
ex 6107 99 00 
61083110 
6108 31 90 
6108 3211 
6108 32 19 
6108 32 90 
6108 39 00 
6108 91 10 
6108 91 90 
6108 92 00 
6108 99 10 

ISSN 0254-1475 

COM(94) 442 final 

î 

DOCUMENTS 

EN 

11 02 

Catalogue number : CB-CO-94-462-EN-C 

ISBN 92-77-81156-0 

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L-2985 Luxembourg 

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