Proposal for a COUNCIL REGULATION (EC) amending Annex II to Regulation (EC) No 519/94 on common rules for imports from certain third countries
Date: 1996-09-05
Institutions: European Commission
Subjects: China, footwear industry, household article, import, tariff quota, toy industry

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 
the  Combined 
Regulation  (EC)  No 2913/92,  to  ensure  uniform  application  of 
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 
the  quota 
above  classification  Regulation  should 
arrangements laid down in Regulation (EC) No 519/94. 

therefore  be  excluded 

from 

1 
2 

OJ No L 67, 10.3.1994, p.89. 
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 
6402 99' 
6403 19 
6403 91' 
6403 99' 
6404  l l2 

ex 

ex 
ex 
ex 

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" 
6403 59 
ex 6403 9!l 
ex 6403 99 * 
ex 6404  112 
6404  19 10 
— —— 

6911  10 

-

—— 

•• 

. 

Tableware, kitchenware of porcelain 
or china falling  within HS/CN code 
, 
Ceramic tableware, kitchenware, 
other than of porcelain or china 
falling within HS/CN code 

- _ — — _ _ — _ — , — —. 

_ 
6912 00 

2.795.000 

pairs 

12.120.000 

pairs 

18.228.780 
31.897.716 

pairs 
pairs 

_

__ 

__ 

45.800 

tonnes 

___«—___.. 

34.650 

tonnes 

j 

j
: 
J 
-  i,  • 
! 
I 
| 

I Glassware of a kind used for table, 
kitchen, toilet, etc. falling within 
HS/CN code 

Toys falling within HS/CN codes 

j 

70133 

15.600 

tonnes 

9503 41 
9503 49 
9503 90 

1.056.996.632 

ECU 

s 

j 
I 
I 

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 

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*