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: 1998-04-06
Institutions: European Commission
Subjects: China, household article, import, third country, toy industry

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.04.1998 
COM(1998) 215 final 

98/0133 (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 9 March  1998' 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 
1994% last amended by Regulation (EC) No 847/97 of 12 May  19973. 

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 Toys (CN codes 9503 41, 9503 49 and 9503 90); 

increase of 5 % in the level of the Tableware quotas. 

1 
2 
3 

COM (1998) 128. 
OJ L 67, 10.3.1994, p.89. 
OJL  122, 14.5.1997, p. 1. 

L 

Proposal  for a 

Council Regulation (EC) No  ..../98 

of...  1998 

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', introduced, in respect  of 
the  People's  Republic  of  China,  the  quotas  listed  in  Annex II  to  that  Regulation  and 
surveillance measures listed in Annex III thereto; 

Whereas  the  Council's  objective  in  establishing  the  quotas  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  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  toys  falling  within 
HS/CN  codes  9503 41  +  9503 49  +  9503 90  should  be abolished  and that such  abolition 
would  be  neither  inconsistent  with  the  above  objective  nor  liable  to  disrupt  the 
Community market; 

Whereas,  in light of the experience  acquired in implementing  the quotas, the  situation  of 
the  Community  producers  concerned  indicates  that  a  5  %  upward  adjustment  of  the 
quotas  would  be  appropriate  and would  be  neither  inconsistent  with the  above  objective 
nor  liable  to  disrupt  the  Community  market; whereas,  however,  in  the  case  of  footwear 
the  particularly  sensitive  nature  of  the  industry  indicates  that  for  the  time  being  no 
increase is appropriate; 

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; 

(l) OJ No L 67, 10.3.1994, p. 89. Regulation as last amended by Regulation (EC) No 847/97 (OJ No L 122, 

14.5.1997, p.l). 

3 

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

HAS ADOPTED THIS  REGULATION: 

Annex II and III to  Regulation  (EC) No 519/94  shall  be  replaced  by  the  Annexes  which 
appear in Annexes I and II to this Regulation respectively. 

Article 1 

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

Article 2 

It shall  apply from  1 January  1998. 

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

ANNEX I 

ANNEX U 

List of quotas for certain products originating in China 

Description of products 

HS/CN Code 

Quotas 

(annual basis) 

Footwear 

ex 6402 99(') 

39151 481 

pairs 

6403 51 

6403 59 

2 795 000 

pairs 

ex6403 91(') 

12 120 000 

pairs 

ex 6403  9 90 

ex 6404 11 (2) 

18 228 780 

pairs 

6404 19 10 
691110 

31897 716 
48 090 

pairs 
tonnes 

6912 00 

„ 

36 383 

tonnes 

Tableware, kitchenware of porcelain 
or china 

Ceramic tableware, kitchenware, 
other than of porcelain or china 

(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. 

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 
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 
Gloves 

Footwear 

Ornamental ceramic articles of porcelain 
Glassware 
Bicycles 
Toys 

Puzzles 
Toys 
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 
4203 29 91 
4203 29 99 
6402 19 
ex 6402 99(l) 
6403 19 
ex6403  91(,) 
ex 6403 99(l) 
ex6404  11(2) 
ex 6913 10 
ex7013(3) 
8712 00 
9503 30 
9503 41 
9503 49 
9503 60 
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 oi'hardboard to support the picture, held together by clips of base meial'. 

ISSN 0254-1475 

COM(98) 215 final 

DOCUMENTS 

EN 

02  06  11 

Catalogue  number  :  CB-CO-98-232-EN-C 

ISBN  92-78-33097-3 

Office  for Official  Publications of the European Communities 

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