Proposal for a COUNCIL REGULATION (EC) amending COUNCIL REGULATION (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries
Date: 1997-01-16
Institutions: European Commission
Subjects: import policy, originating product, quantitative restriction, textile product, third country

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  16.01.1997 
COM(96) 703  final 

97/20 (ACC) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending 

COUNCIL REGULATION (EEC) No 3030/93 of 12 October 1993 

on common rules for imports of certain textile products from third countries 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Council  Regulation  (EEC) No. 3030/93  of  12 October  1993 as amended  sets out the 
import  regime  in  respect  of  textiles  products  subject  to  quantitative  restrictions  and 
surveillance from third countries. 

The proposed regulation is designed to effect  a series of amendments : 

(i) The Commission will no longer be required to amend the Regulation in respect of 
the  list  of  members  of  the  World  Trade  Organisation  or  the  list  of  the  national 
authorities  responsible  for  the  issue  of  import  documents.  These  will  henceforth  be 
published in the C series for the information  of operators. 

(ii)  Following  agreements  with  India  and  Vietnam  handloom  and  folklore  products 
from these countries will be covered by a different  import regime. 

(iii)  Article  8 of  Regulation  3030/93  allows  the  importation  of  additional  quantities 
over  and  above  the  levels  of  the  agreed  quantitative  restrictions  under  certain 
circumstances.  The  amendments  are  designed  to  clarify  the  way  in  which  these 
possibilities should be used. 

(iv) To permit more flexible management of quantitative limits it is proposed to allow, 
in  exceptional  circumstances,  possible  extensions  of  the  validity  of  export  licences 
(from  31 March to 30 June of a calendar year) 

(v) It  is proposed  to  state  more clearly  that  the Agreement  on Textiles  and  Clothing 
(in  respect  of  WTO  Members)  and  bilateral  agreements  (with  other  third  countries) 
will prevail if Regulation 3030/93 is inconsistent with them. 

(vi) Minor consequential changes. 

Proposal for a 

CM INCH, REGULATION  (EC) 

COUNCIL REGULATION (EEC) No 5030/93 of 12 October 1993 

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  113 thereof, 

Having regard to the proposal from the Commission, 

Whereas Council Regulation (EEC) No 3030/93 of  12 October  1993, as last amended 
by Commission Regulation (EC) No  1410/96, introduced common rules applicable to 
imports of certain textile products from third countries; 

Whereas publication of a notice in the Official  Journal of the European Communities, 
C  series,  would  be  sufficient  to  meet  operators'  information  requirements,  in 
particular as regards the list of World Trade Organization (WTO) member countries; 

Whereas, in the light of the conclusion  of the arrangement  concerning  market  access 
for  textile  products  between the  European  Community  and  the  Republic  of India  by 
Council Decision 96/386/EC of 26 February  1996 and of Council Decision 96/207/EC 
of 22 December  1995 on the provisional  application of the Agreement  in the form  of 
Agreed  Minutes  between  the  European  Community  and  the  Socialist  Republic  of 
Vietnam amending the Agreement on trade in textile and clothing products, Article 3 
of  Regulation  (EEC)  No  3030/93  should  be  amended  to  take  account  of  the  new 
arrangements  for  imports  of  cottage  industry  and  folklore  products  from  those 
countries; 

Whereas  Article  8  of  Regulation  (EEC)  3030/93  allows  the  possibility,  under 
particular  circumstances,  of  importing  additional  quantities;  whereas,  in  the  light  of 
past  experience,  it  would  be  advisable  to  clarify  the  way  in  which  that  Article  is 
applied;  whereas,  in that  respect,  the  additional  quantities  granted  for  a  given  quota 
year  and  category  could,  for  example,  be  deducted  from  one  or  more  categories  of 
products  in respect  of the year concerned  or from the  quantitative  limit  applicable  to 
the category concerned in respect of the following  quota year; 

Whereas it should be specified  that this Regulation does not take precedence over the 
provisions  of  the  Agreement  on  Textiles  and  Clothing  (ATC)  or  of  bilateral 
agreements in the case of non-WTO member countries; 

Whereas  export  licences  must  be presented  to  the  national  authority  responsible  for 
the issue of import licences no later than 31 March of the year following  that in which 
the products covered  by the licence were shipped; whereas the goods covered  by the 
export  licence  may  not  be  imported  in  the  event  of  failure  to  comply  with  that 
deadline; whereas, in exceptional  circumstances, it should be allowed to put back the 
deadline for presentation of export licences until 30 June; 

Whereas  it  seems  appropriate  to  make  certain  amendments  to  Regulation  (EEC) No 
3030/93  in  the  light  of  experience  acquired  in  its  implementation;  whereas,  when 
making these amendments, the opportunity  should also be taken to clarify  and update 
certain provisions; 

Whereas  amendments  to the  list  of  Members of the  WTO or to  details  in the  list  of 
national  authorities  responsible  for  the  issue  of  import  papers  do  not  as  such  justify 
recourse to the committee procedure laid down  in Article  17; whereas publication  on 
the  Commission's  initiative  of  regular  updates  to  these  lists  in  the  C  series  of  the 
Official  Journal of the European Communities would meet the needs of administrative 
simplification  and adequately fulfil  operators' information  requirements; 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

Article 1(1) is replaced by the following: 

"This Regulation applies to: 

imports of textile products listed in Annex I, originating  in third  countries 
with which the Community  has concluded  bilateral  agreements,  protocols 
or other arrangements as listed in Annex II 

imports  of  textile  products,  as  listed  in  Annex  X,  which  have  not  been 
integrated into GATT  1994 within the meaning of Article 2(6) of the WTO 
Agreement  on  Textiles  and  Clothing  (ATC)  and  which  originate  in  third 
countries, Members of the WTO. 

The  Commission  shall  ensure  that  the  list  of  third  countries,  Members  of  the 
WTO,  and  any  updates  thereto,  are  published  in  the  Official  Journal  of  the 
European Communities, C series." 

(2) 

Article 3(1) is replaced by the following: 

"I.  The quantitative limits referred  to in Annex V shall not apply to the cottage 
industry and folklore products specified  in Annex VI which are accompanied  on 
import  by  a  certificate  issued  by  the  competent  authorities  of  the  country  of 
origin in accordance with the provisions of Annex VI and which fulfil  the other 
conditions laid down therein." 

(3) 

Article 3(3) is replaced by the following: 

"3. Paragraphs  1  and 2 shall not apply to Brazil, Hong Kong or Macao." 

(4) 

Article 8 is replaced by the following: 

"Article 8 
Additional imports 

Where, under particular circumstances, imports over and above those referred  to 
in  Annex  V  are  required  in  respect  of  one  or  more  categories  of  products, 
additional opportunities for imports during a given quota year may be granted by 
the  Commission  on  its  own  initiative  or at the request  of one  or more  Member 
States in accordance with the procedure laid down in Article  17. 

Where  appropriate  such  additional  opportunities  may  be  granted  subject  to 
certain  conditions  or  procedures,  in  particular  deduction  of  the  amount 
corresponding to the quantitative limit: 

- of one or more categories of products belonging to the same group or sub-group 
of products for the current quota year and/or 
- of the same category of products for the following  quota year. 

In an emergency, the Commission shall open consultations  in the Committee set 
up under Article  17 within five working days following  receipt of a request from 
a Member  State and shall take a decision within fifteen working days calculated 
from the same date. 

These additional opportunities for imports shall not be taken into account for the 
purpose of applying Article 7. " 

(5) 

Article 15(1) is replaced by the following: 

"1.  Where, following  the enquiries carried out in accordance with the procedures 
established  in  Annex  IV,  the  Commission  finds  that  the  information  in  its 
possession constitutes proof that products originating  in a supplier country  listed 
in  Annex  V  and  subject  to  the  quantitative  limits  referred  to  in  Article  2  or 
introduced  under  Article  10  have  been  transhipped,  re-routed  or  otherwise 
imported  into the Community  through  circumvention  of such  quantitative  limits 
and that there is a need for the necessary adjustments  to be made, it shall request 
that  consultations  be  opened,  in  accordance  with  the  procedure  described  in 

Article  16, so that agreement may be reached on an equivalent  adjustment  of the 
corresponding quantitative limits." 

(6) 

Article 15(5) is replaced by the following: 

"5.  In  addition,  where  there  is evidence  of  the  involvement  of the territories  of 
third countries which are Members of the WTO but which are not listed in Annex 
V, the Commission shall request consultations with the third country or countries 
concerned  in accordance  with  the procedure  described  in  Article  16 in  order to 
take appropriate  action to  address the problem. The  Commission,  in  accordance 
with  the  procedure  laid  down  in  Article  17,  may  introduce  quantitative  limits 
against  the  third  country  or  countries  concerned  or  it  may  take  any  other 
appropriate measures." 

(7)  The first sentence of Article 16(1) is replaced by the following: 

"1.  The  Commission,  in  accordance  with  the  procedure  laid  down  in  Article 
17(5), shall conduct the consultations referred  to in this Regulation in accordance 
with the following rules:" 

(8) 

Article 20 is replaced by the following: 

"This  Regulation  shall  not  in  any  way  constitute  a  derogation  from  the 
provisions  either  of  the  ATC,  as  regards  WTO  Members,  or  of  bilateral 
agreements,  protocols  or  arrangements  which  the  Community  has  concluded 
with the third  countries  listed  in Annex II or which the Community  is applying 
provisionally  in  respect  of  such  countries;  in  case  of  conflict,  those  provisions 
shall prevail." 

(9) 

Article 14(1) of Annex III is replaced by the following: 

"1.  Where  the  Commission,  pursuant  to  Article  12  of  this  Regulation,  has 
confirmed  that the amount requested  is available within the quantitative limit in 
question,  the authorities  of a Member  State  shall  issue  an  import  authorization 
within a maximum  of five working days of the presentation  by the importer  of 
the  original  of  the  corresponding  export  licence.  This  presentation  must  be 
effected  not  later than  31 March of the year  following  that  in which the  goods 
covered by the licence were shipped.  In exceptional  circumstances the  deadline 
for  presentation  of the export  licence may  be put  back  to  30 June  upon  a  duly 
motivated request by a Member State and in accordance with the procedure laid 
down in Article  17 of the Regulation." 

(10)  The  first  sentence  of  Article  14(4)  of  Annex  III  is  replaced  by  the 

following: 

' 

"4. The declaration or request made by the importer to the competent authorities 
in order to obtain the import authorization shall contain:" 

(11)  Article 21(1) of Annex III is replaced by the following: 

"1.  The  authorities  of  the  Member  States  shall  issue  an  import  authorization 
within a maximum of five working days of the presentation by the importer of 
the  original  of  the  corresponding  export  licence.  This  presentation  must  be 
effected  not later than 31 March of the year following  that in which the goods 
covered by the licence were shipped. In exceptional circumstances the deadline 
for presentation of the export licence  may be put back to 30 June upon a duly 
substantiated request by a Member State and in accordance  with the procedure 
laid  down  in Article  17 of  the  Regulation.  This  time  limit  shall  not  apply  to 
Egypt  and Malta.  Import  authorizations,  drawn up on the  form  conforming  to 
the  specimen  set  out  in  Appendix  1  to  the  present  Annex,  shall  be  valid 
throughout the customs territory of the European Community." 

(12)  Article 21(3) of Annex III is replaced by the following: 

"The declaration or request made by the importer to the competent authorities in 
order to obtain the import authorization shall contain:" 

(13)  The  first  subparagraph  of  Annex  III,  Article  26,  is  replaced  by  the 

following: 

"The declaration or request made by the importer to the competent authorities in 
order to obtain the surveillance document shall contain:" 

(14)  Article 31(1) of Annex III is replaced by the following: 

"1. The forms to be used by the competent authorities of the Member States for 
issuing  the  import  authorizations  and  surveillance  documents  referred  to  in 
Articles  14(1),  21(1)  and  25(3)  shall  conform  to  the  specimen  of  the  import 
licence set out in Appendix  1  to the present Annex." 

(15)  The following Article is added to Annex III: 

"Article 30a 

The list and addresses of the competent authorities referred to in Articles  14(4), 
21(3), 26 and 31 shall be published by the Commission in the Official  Journal of 
the European Communities, C series." 

(16)  Annex  XI  and  Appendix  2 to Annex  III  of Regulation  (EEC)  No  3030/93 

are hereby deleted. 

Article 2 

This  Regulation  shall  enter  into  force  on  the  day  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, 

ISSN  0254-1475 

COM(96) 703 final 

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