Council Regulation (EC) No 1138/98 of 28 May 1998 amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries
Date: 1998-05-28
Institutions: Council of the European Union
Subjects: China, EU control, import, market supervision, originating product, tariff quota

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1138/98

of 28 May 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,

in
Whereas Regulation (EC) No 519/94 (1)
respect of the People’s Republic of China, the quotas
listed in Annex II to that Regulation and the surveillance
measures listed in Annex III thereto;

introduced,

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

the Community

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 and
9503 90 should be abolished and that such abolition
would be neither inconsistent with the above objective
nor liable to disrupt the Community market;

in the light of
the

Whereas,
the experience acquired in
the
implementing
situation
Community producers concerned indicates that a 5 %
upward adjustment of the quotas would be appropriate
and would be neither inconsistent with the above ob-

quotas,

the

of

jective nor liable to disrupt
the Community market;
wheres, 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;

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

HAS ADOPTED THIS REGULATION:

Article 1

Annexes 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 2

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

It shall apply from 1 January 1998.

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

Done at Brussels, 28 May 1998.

For the Council

The President

M. FISHER

(1) OJ L 67, 10. 3. 1994, p. 89. Regulation as last amended by
Regulation (EC) No 847/97 (OJ L 122, 14. 5. 1997, p. 1).

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Official Journal of the European Communities

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ANNEX I

‘ANNEX II

List of quotas for certain products originating in China

Product description

HS/CN code

Quotas
(annual basis)

Footwear

ex 6402 99 (1)

39 151 481 pairs

6403 51
6403 59

ex 6403 91 (1)
ex 6403 99 (1)

2 795 000 pairs

12 120 000 pairs

ex 6404 11 (2)

18 228 780 pairs

6404 19 10

31 897 716 pairs

6911 10

48 090 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 multilayer 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 neutralise 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 multilayer 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 neutralise impact or
materials such as low-density polymers.'

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Official Journal of the European Communities

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ANNEX II

‘ANNEX III

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

Product 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 (1)
6403 19
ex 6403 91 (1)
ex 6403 99 (1)
ex 6404 11 (2)
6913 10
ex 7013 (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 multilayer 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 neutralise 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 multilayer 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 neutralise 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.'