Proposal for a Council Regulation (EC) amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries
Date: 1997-03-12
Institutions: European Commission
Subjects: China, footwear industry, household article, tariff quota, toy industry

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.03.1997 
COM(97)  104 final 

97/0086 (ACC) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports 
from certain third countries 

(presented  by the Commission) 

Explanatory Memorandum 

On  29  January  19971  the  Commission  forwarded  to  the  Council  a  report  on  the 
quantitative  quotas  and  surveillance  measures, applicable to certain  non-textile  products 
originating  in the P. R. of China, introduced  under Council  Regulation  (EC) No 519/94 
of 7 March  19942, last amended by Regulation (EC) No 1897/96 of  1  October  19963. 

The attached  proposal contains the practical  amendments to Regulation  (EC) No 519/94 
stemming from the conclusions drawn by the Commission in that report: 

abolition  of  the  quota  on  Glass  tableware  (CN  code  7013)  (this  product  being 
however subjected  to surveillance measures); 

exclusion  of  "parts  and  accessories  of toys" from  the  quota  on  Toys  (CN  codes 
9503 41 + 9503 49 + 9503 90); 

abolition  of  surveillance  measures  on 4 products  of which  imports  in  1995 were 
negligible or down on  1994 (certain food preparations, certain glass products, not 
alloyed zinc and car radios). 

1 
2 
3 

COM (97) 11 
OJ L 67,  10.3.1994, p.89. 
OJL 250, 2.10.1996, p. 1. 

Proposal for a 

Council Regulation (EC) No  ...797 

of...  1997 

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 countries,  as last amended  by  Regulation  (EC)  No  1897/96  of 
1 October  19962, introduced in respect of the People's Republic of China the quotas  listed 
in Annex  II to this Regulation  and surveillance measures listed in Annex III thereto; 

Whereas  in  establishing  the  quotas,  the  Council's  objective  was  to  strike  a  balance 
between  an  appropriate  level  of  protection  for  the  Community  industries  concerned  and 
maintenance  of  an acceptable  level  of  trade with  the P.  R.  of  China,  taking  into  account 
the various interests in play; 

Whereas  analysis  of  the  main  economic  indicators,  in particular  the  volume  and  market 
share of Chinese  imports, leads to the conclusion that the quota on glass tableware  falling 
within  HS/CN  code  7013  should  be  abolished  and that  such  abolition  would  be  neither 
inconsistent with the above objective nor liable to disrupt the Community market; 

Whereas  the  products  in  respect  of  which  the  quota  is  abolished  by  this  Regulation 
should, however, be subject to prior Community  surveillance; in order to ensure adequate 
monitoring of the volume and prices of the imports of the products concerned; 

Whereas  the  quota  on  toys  falling  within  HS/CN  code  9503  41,  9503  49  and  9503  90 
includes  parts  and  accessories  of  toys;  whereas  in  light  of  the  experience  of  the 
Community  producers  the  effects  of  this  inclusion  go  beyond  what  is  necessary  for  the 
appropriate  protection  of  the  Community 
industry  concerned;  whereas  parts  and 
accessories of toys should therefore be excluded from the quota; 

1 0 J L 6 7,  10.3.1994, p. 89 
2OJL250,  2.10.1996, p. 1. 

3-  O-

Whereas  it  is  no  longer  considered  necessary  to  maintain  surveillance  measures  on  a 
range of products of  which the imports in  1995 were negligible or lower than in  1994 and 
they should be removed from the list of products subject to surveillance measures; 

Whereas  the  quantitative  quotas  and  the  surveillance  measures  introduced  under 
Regulation (EC) No 519/94 should therefore be amended, 

HAS ADOPTED THIS  REGULATION: 

Annex II to Regulation (EC) No 519/94 shall be replaced by the Annaex which appears in 
Annex I to this Regulation. 

Article 1 

Annex EI to Regulation  (EC) No 519/94 shall be replaced by the Annex which appears in 
Annex,II to this Regulation. 

Article 2 

This Regulation  shall enter into force  on the day of  its publication  in the Official  Journal 
of the European  Communities.  It shall be applicable from  1  January  1997. 

Article 3 

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

ANNEX I 

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 codes 

ex 6402 99(') 

39  151 481 

p a i rs 

6403 51 
6403 59 
ex 6403 9K1) 

ex6403 99(!) 

2 795 000 

p a i rs 

12 120 000 

p a i rs 

ex 6404 11 (2) 

18 228 780 

p a i rs 

6404  19 10 
691110 

31897 716 
45 800 

p a i rs 

tonnes 

6912 00 

34 650 

tonnes 

ex 9503 41 (3) 
ex9503 49(3) 
ex 9503 90(3) 

1056 996 632 

ECU 

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 

Toys falling  within HS/CN codes 

(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 parts and accessories 

ANNEX II 

ANNEX III 

List of  products  originating  in the People's  Republic  of  China 
subject to Community  surveillance 

Description 

Ammonium chloride 
Other polyhydric alcohols of CN code 
Citric acid 
Tetracyclines and their derivatives 
Chloramphenicol 
Basic dyes and preparations  based thereon 
Vat dyes and preparations based thereon 
Fireworks, signalling flares,  rain rockets, fog  signals 
and other pyrotechnic articles 
Polyvinyl alcohol 
Footwear falling  within HS/CN codes 

Ornamental ceramic articles of porcelain 
Glassware falling  within HS/CN  code 
Toys falling  within  HS/CN codes 
Puzzles 
Parts and accessories of toys falling  within HS/CN code 

Playing cards 
Articles falling  within HS/CN codes 

HS/CN code 

2827  10 
2905 49 90 
2918 14 
ex 2941 30 
ex 2941 40 
3204  13 
3204 15 

3604 
3905 30 
6402  19 
ex 6402 99° > 
6403  19 
ex6403  91(1) 
ex 6403 99(,) 
ex6404  11(2) 
ex 6913 10 
7013(3> 
9503 30 
9503 60 
ex 9503 41 
ex 9503 49 
ex 9503 90 
9504 40 
9603 29 
9603 30 
9603 40 
9603 90 

(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'. 

(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(97) 104 final 

DOCUMENTS 

EN 

11  02 

Catalogue number  : CB-CO-97-092-EN-C 

ISBN 92-78-16693-6 

Office  for Official  Publications of the European  Communities 

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