Proposal for a Council Regulation amending Regulation (EEC) nº 3030/93 on common rules for imports of certain textile products from third countries
Date: 2000-07-26
Institutions: European Commission
Subjects: EU policy, multifibre agreement, textile product, third country, trade agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.07.2000
COM(2000) 476 final

2000/0209 (ACC)

Proposal for a

COUNCIL REGULATION

amending Regulation (EEC) nº 3030/93 on common rules for imports of certain textile
products from third countries

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EEC) No. 3030/93 on common rules for imports of certain textile
products from third countries provides the framework of Regulations under which textile
products are imported into the Community.

On-going experience with the provisions of Regulation (EEC) No. 3030/93 suggests that the
import regime for textile products covered by Regulation (EEC) No. 3030/93 would benefit
from certain modernisations and improvements.

These amendments relate to the following areas:

(a)

(b)

(c)

(d)

(e)

(f)

For various reasons, particularly bankruptcy, the judicial or administrative authorities
of the Member States take possession of textile products for which no valid import
authorisation is available (usually because it has expired). In these circumstances, the
Commission proposes to allow the competent authorities to apply to dispose of the
products within the Community subject to the opinion of the Member States in the
Textiles Committee.

Under the current import regime Member State authorities are obliged to inform the
Commission of the extent of unused import authorisations in order that these amounts
can be re-credited to the relevant quota of the exporting country. However, no
obligation currently exists to oblige importers to inform the Member State authorities
whether they have used import authorisations in full. The Commission proposes to
introduce this obligation.

The commitology aspects of the Regulation need to be brought into line with Council
Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission, by providing that any
implementing measures should be adopted by use of the regulatory procedure
provided for in Article 5 of that Decision.

The current import regime relies on export documents in paper form. Electronic
licensing in the form of paperless communication is however both feasible and
importers. The Commission
practised by exporting countries with other major
proposes to amend the regulation to allow for electronic licensing.

The current import regime takes no specific account of the possibility of goods being
placed in customs warehouses. It is impossible to reconcile the principles of long-term
storage in customs warehouses with the reliance on individual quota years in the
import regime for textiles. However, to facilitate the use of customs warehousing
within the current import regime the Commission proposes that it should be possible
for Member States to extend import authorisations for longer periods where goods are
in customs warehouses.

The double-checking system for products subject to surveillance currently does not
permit the same possibilities of extending periods of validity of import authorisations
as those concerning the double-checking system for quotas. The Commission proposes
to remove this anomaly.

(g)

The current
import regime provides for the possibility of using a single import
authorisation for several consignments. However, for each consignment a separate

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certificate of origin is necessary. The Commission proposes to amend the regulation to
allow a single certificate of origin to cover more than one consignment of goods where
they are covered by a single import authorisation.

It should be made clear that the grant of additional amounts provided for in column 9
of Annex VIII is subject to the procedure foreseen by Article 17 paragraphs 1, 2 and 3
of the Regulation.

Certain adaptations of a technical nature are necessitated by the aforementioned
changes.

(h)

(i)

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2000/0209 (ACC)

Proposal for a

COUNCIL REGULATION

amending Regulation (EEC) nº 3030/93 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
133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

Textiles imports for which no valid import authorisations are available are sometimes
taken into the possession of judicial and administrative authorities of the Member
States, particularly in the context of bankruptcy or similar proceedings. In such cases it
should be possible in particular circumstances for the competent authorities to apply to
dispose of the products within the Community.

To facilitate information concerning quantities covered by import authorisations that
are not in fact used, importers should be under an obligation to inform the competent
authorities within five working days of the use or expiry of an import authorisation
whether any amounts remain unused.

Since the measures necessary for the implementation of Regulation (EEC) No.
3030/93 are measures of general scope within the meaning of Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission1, they should be adopted by use of
the regulatory procedure provided for in Article 5 of that Decision.

Regulation (EEC) No. 3030/93 makes provision for a double-checking system relying
on the issue of export and import licences in paper form. In the light of technological
progress it is appropriate to provide for the possibility of transmitting the necessary
information in electronic form.

It is appropriate to co-ordinate the provisions concerning customs warehouses with the
periods of validity of
licences by allowing Member States to extend import
authorisations for a longer period when the goods concerned are in customs
warehouses.

1

OJ L 184, 17.7.1999, p. 23.

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(6)

The provisions of the double-checking system for products subject to surveillance
should contain the same possibilities of extending the periods of validity of import
authorisations as those concerning the double-checking system for administering
quantitative limits.

(7) Where goods are the subject of a single import licence and are classified in the same
category and are within a trade flow between the same exporter and the same importer
and subject to entry formalities at the same customs office in the Community it should
be possible to present a single certificate of origin covering more than one
consignment of goods.

(8)

It should be made clear that the grant of additional amounts provided for in column 9
of Annex VIII is subject to the regulatory committee procedure.

HAS ADOPTED THIS REGULATION:

Article 1

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

1.

The following paragraph 8 is added:

“8. Where textile imports for which no valid import authorisation is available have
been taken into the possession of the competent judicial or administrative
authorities of the Member States, particularly in the context of bankruptcy or
similar procedures, such goods may in particular circumstances be released
into free circulation in accordance with the procedure laid down in Article 17.”

2.

Article 12 (5) is replaced by the following:

“5. The competent authorities shall notify the Commission immediately after being
informed of any quantity that is not used during the duration of validity of the
import authorisation or at the time of its expiry. Such unused quantities shall
the total
automatically be transferred into the remaining quantities of
Community quantitative limit for each category of product and each third
country concerned. Within 5 working days of the use or expiry of the import
authorisation importers shall inform the competent authorities of the amount of
any unused quantities.”

3.

4.

In Article 16 (1) “Article 17(5)” is replaced by “Article 17a”.

Article 17 is replaced by the following Articles 17 and 17a:

“Article 17

The textile committee

1.

The Commission shall be assisted by a committee (the ‘textile committee’),
composed of representatives of the Member States and chaired by the
representative of the Commission.

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2. Where reference is made to this article, the regulatory procedure laid down in
Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7
thereof.

3.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be one
month.

Article 17a

The chairman may, on his own initiative or at the request of one of the Member
States representatives, consult the committee about any other matter relating to the
operation or application of this Regulation.”

5.

Annexes III and VIII are amended in accordance with the annexes hereto.

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

Article 2

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

Done at Brussels,

For the Council
The President

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1.

Annex III is hereby amended as follows:

ANNEX

a)

Article 11 is amended by the addition of the following new paragraph 3:

“3.
Where a supplier country has entered into administrative
arrangements with the Community concerning electronic licensing the
relevant information may be transmitted by electronic means to replace
the grant of export licences in paper form.”

b)

Article 12 is amended by the addition of the following new paragraph 4:

“4.
Where a supplier country has entered into administrative
arrangements with the Community concerning electronic licensing the
relevant information may be transmitted by electronic means and shall be
in substitution of the specimens referred to in paragraphs 1 or 2.”

c)

Article 13 is replaced by the following:

“Article 13

Exports shall be set off against the quantitative limits established for the year in
which the products covered by the export licence have been shipped within the
meaning of Article 2 (3) of this Regulation. Goods may be charged against the
quantitative limits for the year following shipment where the provisions of
Article 2(3) second sub-paragraph of this Regulation apply.”

d)

Article 14(2) shall be replaced by the following:

(a)

“2
The import authorisations shall be valid for six months
from the date of their issue. Upon duly motivated request by an importer,
the competent authorities of a Member State may extend the duration of
validity for a further period of three months. Such extensions shall be
notified to the Commission. In exceptional circumstances, an importer
may request a second period of extension. These exceptional requests
may only be granted by a decision taken in accordance with the
procedure laid down in Article 17 of the Regulation.

(b)
Where goods have been imported pursuant to the arrangements
concerning customs warehouses and upon a duly motivated request by an
importer, the competent authorities of a Member State may extend the
duration of validity of six months from the date of their issue for two
further periods of three months each.”

e)

Article 21(2) is replaced by the following:

(a)

“2
The import authorisations shall be valid for six months
from the date of their issue. Upon duly motivated request by an importer,
the competent authorities of a Member State may extend the duration of
validity for a further period of three months. Such extensions shall be
notified to the Commission. In exceptional circumstances, an importer

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may request a second period of extension. These exceptional requests
may only be granted by a decision taken in accordance with the
procedure laid down in Article 17 of the Regulation.

Where goods have been imported pursuant to the arrangements
(b)
concerning customs warehouses and upon a duly motivated request by an
importer, the competent authorities of a Member State may extend the
duration of validity of six months from the date of their issue for two
further periods of three months each.”

f)

Article 28 is amended by the addition of the following new paragraph 7:

At

the request of the importer and having regard to the
“7.
conditions laid down by the customs authorities of the importing Member
State, when goods:

(a)

are the subject of a single export licence;

(b)

are classified in the same category; and

(c)

come exclusively from the same exporter, are destined for the same
importer and are made the subject of entry formalities at the same
customs office in the Community,

a single certificate of origin may be submitted to the customs authorities
at the importation of the first consignment. This procedure shall be
applicable for the same period as the validity of the import authorisation
including any subsequent extension thereof.”

2.

In Annex VIII under “Additional conditions” (column 9), on each occasion that it
appears, the phrase “Further amounts may be authorised following consultations in
accordance with Article 16” shall be replaced by “Further amounts may be authorised
by the Commission in accordance with the procedure of Article 17”.

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