Proposal for a COUNCIL REGULATION (EC) authorizing imports into the Canary Islands of textile and clothing products and certain quota goods originating in China without quantitative restrictions or measures having an equivalent effect
Date: 1997-02-24
Institutions: European Commission
Subjects: Canary Islands, China, clothing, import policy, textile product

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  24.02.1997 
COM(97)  65 final 

97/0061  (ACC) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

authorizing imports into the Canary Islands 

of textile  and clothing  products and certain quota goods  originating  in China without 

quantitative restrictions or measures having an equivalent  effect 

(presented  by the  Commission) 

Explanatory  Memorandum 

Council  Regulation  (EEC)  No  1911/91  on  the  application  of  the  provisions  of 
Community  law to the Canary  Islands, which establishes  special  trade  arrangements 
for  the  Canary  Islands,  provides  that  the  common  commercial  policy  applies  to  the 
Canary  Islands  on  the  terms  laid  down  for  mainland  Spain  without  prejudice  to  the 
adoption  of  specific  measures,  such  as  the  exemption  of  certain  sensitive  products 
from  the rules of the common commercial policy. 

Spain  has  asked  for  derogations  from  commercial  policy  and  for  quantitative 
restrictions  applicable  on  Community  territory  to  imports  of  certain  textile  and 
clothing  products  and  certain  quota  products  originating  in  China  not  to  apply  to 
products intended for consumption in the Canary Islands. 

In  view  of  the  special  constraints  facing  the  Canary  Islands,  the  free  trade 
arrangements  existing  at the  time  of  Spain's  accession  to  the  European  Community 
and the low volume of trade involved, such a derogation is called  for. 

The  Commission  believes  that  end-use  measures  implemented  by  the  competent 
Spanish  authorities  to  ensure,  in  accordance  with  Regulation  (EC) No  527/96,  that 
products put into free circulation are exclusively designated for the internal market of 
the Canary Islands, could also cover textile and clothing products and quota products 
originating in China. 

As  end-use  rules  apply  in  principle  only  in  case  of  suspension  or  reduction  of  an 
import duty, the Commission  proposes to apply  customs control  in cases of  specific 
derogation from commercial policy measures as well. This would also ensure that the 
goods  in  question  reach  the  internal  market  of  the  Canary  Islands,  as  they  would 
continue to be under customs supervision. 

However,  in  case  goods  are  re-consigned  into  Community  customs  territory  the 
Commission proposes that the competent authorities take measures to avoid all risk of 
circumventing  the  quantitative  restrictions  which  apply  there.  To  this  end,  if  the 
original  import  license  cannot  be  submitted  products  must  be  accompanied  by 
T5 documents, according to the rules in force. 

Council  Regulation  (EC)  No  ...  97  authorizing  imports  into  the  Canary  Islands  of 
textile  and clothing  products  and certain  quota products originating  in China without 
quantitative restrictions or measures with an equivalent  effect 

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  according  to  Regulation  (EC)  No  1911/911  the  Council  may  allow 
derogations,  at  the  request  of  the  Spanish  authorities,  from  the  provisions  of  the 
common commercial policy applicable to the territory of the Canary Islands; 

Whereas  Spain  has  asked  for such derogations from commercial policy  and requests 
that  quantitative  restrictions  applicable  in  the  Community  to  imports  of  textile  and 
clothing products and certain quota products originating in China be waived in respect 
of products intended for consumption in the Canary Islands; 

Whereas  in  light  of  the  special  constraints  facing  the  Canary  Islands,  the  free  trade 
arrangements  in force  at the time  of  Spain's  accession  to the European  Communities 
and the low volume of trade involved, such a derogation is justifiable; 

Whereas  provisions  should be  adopted  to  ensure  that products  subject  to  derogation 
from the quantitative restrictions in force are exclusively for the internal market of the 
Canary  Islands  and  that  the  Commission  receives  regular  reports  on  the  volume  of 
imports and reconsignments; 

Whereas  if  the  products  in  question  are  consigned  to  the  rest  of  the  Community 
customs  territory,  measures  concerning  quantitative  restrictions  must  apply;  whereas 
goods should therefore be accompanied by T5 documents as far as the customs  office 
where  they  are  released  for  consumption  on  presentation  of  the  corresponding 
documents in order to ensure that they are subject to these measures; 

10JL171.29.6.91, p.  1 

HAS ADOPTED THIS REGULATION: 

Article 1 

Textile products  falling  within  Chapter  50 to 63 of the Combined  Nomenclature  and 
those included  in Annex II of Council Regulation  (EC) No 519/942  shall be released 
for import into the Canary Islands without quantitative restrictions or measures having 
equivalent  effect. 

Article 2 

1.  The  measures  set  out  in  Article  1  shall  apply  exclusively  to  products  for  the 
domestic market of the Canary Islands. 

2.  The  competent  Spanish  authorities  shall  take  all  necessary  measures  to  ensure 
compliance  with paragraph  1, in accordance  with the relevant  Community  provisions 
on end use set out in Council Regulation (EEC) No 2913/92.3 

Article 3 

1. Should  products  subject  to the measures  set out in Article  1 be consigned  to other 
parts of the Community customs territory, the competent Spanish authorities shall take 
all  necessary  measures  for  the  collection  of  common  customs  tariff  duties  in 
accordance with  the provisions of Article 2, paragraph  2 of Council  Regulation  (EC) 
No 527/96.4  The goods in question  shall also be are subject  to the relevant  common 
commercial policy measures as laid down in the following regulations: 

-  Council  Regulation  (EEC)  No  3030/935 on  common  rules  for  imports  of  certain 
textile products from third countries 

-  Council  Regulation  (EC)  No  517/946  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, 

- Council Regulation  (EC) No 519/94 on common rules for imports from certain third 
countries 

2.  Any consignment  of  the products  in question  must  be  accompanied  by a copy of 
control  copy T5,  issued  according  to Articles  472 to 484 of  Commission  Regulation 
(EEC)  No  2453/937  laying  down  provisions  for  the  implementation  of  Council 
Regulation (EEC) No 2913/92 establishing the Community Customs Code. 

2 OJ L 67, 10.3.94, p. 89 
3 OJL  302, 19.10.92, p. 1 
4 OJL 78, 28.3.1996, p. 1 
5 OJL 275, 8.11.1993, p. 1 
6 OJL 67,  10.3.1994, p.  1 
7 OJL  253, 11.10.  1993, p. I 

\ 

3.  A  copy  of  control  copy  T5  can  only  be  issued  upon presentation  of  a copy  of  the 

related Community  import licence. 

4. The T5 control copy delivered by the office  of departure must include the  following 

particulars: 

in  box  8,  "Consignee":  the  name  of  the  person  in  whose  name  the  Community 
import licence is issued. 

in box  104: 

"Mercancias  que  deben  someterse,  para su despacho  a consumo  fuera  de  las  islas 
canarias, a las restricciones cuantitativas aplicablesen la Comunidad 

Reglamento  (CE)  no  ...  Derogaciôn  en  las  islas  Canarias  de  las  restricciones 
cuantitativas" 

(Goods  subject  to  the  quantitative  restrictions  applicable  in  the  Community  on 
release for consumption outside the Canary Islands) 

(Regulation  (EC)  No  ...  Derogation  from  quantitative  restrictions  for  the  Canary 
Islands). 

5.  Documents  accompanying  goods  moving  under  the  Community  internal  transit 
procedure in accordance with Article 311(c) of Regulation (EEC) No 2454/93  must 
include in box 44 a reference to the relevant T5 control copy. 

6.  The  competent  authorities  at  the  office  of  destination  shall  deduct  the  quantity 

shown on the licence. 

Article 4 

For products  referred  to  in  Article  1 which  are subject  to  quantitative  restrictions  or 
other  surveillance  measures 
in  Community  territory,  the  competent  Spanish 
authorities  shall  notify  the  Commission  by  the  15th of  each month of  the volume  of 
imports  which  have  been  subject  to  derogations  during  the  previous  month,  and, 
where  appropriate,  of  products  that  have  been  consigned  towards  the  rest  of  the 
Community customs territory. 

Article 5 

The present  Regulation  shall  enter into  force  on the third day  after  its  publication  in 
the Official Journal of the European  Communities. 

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

Done at Brussels 

For the Council 
President 

ISSN 0254-1475 

COM(97) 65 final 

DOCUMENTS 

EN 

11  13  02 

Catalogue number  : CB-CO-97-058-EN-C 

ISBN 92-78-16137-3 

Office  for Official  Publications of the European Communities 

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