Council Regulation (EC) No 391/2001 of 26 February 2001 amending Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
Date: 2001-02-26
Institutions: Council of the European Union
Subjects: import policy, originating product, quantitative restriction, textile product, third country

28.2.2001

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 391/2001

of 26 February 2001

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

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Article 1

Having regard to the proposal from the Commission,

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

Whereas:

1.

in Article 2 the following paragraph shall be added:

(1)

(2)

(3)

(4)

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

circumstances

for

‘8.
At the request of the Member State concerned, textile
products in the possession of the competent authorities of
that Member State, particularly in the context of bankruptcy
or similar procedures, for which a valid import author-
isation is no longer available, may be released into free
circulation in accordance with the procedure laid down in
Article 17(2).’;

2. Article 12(5) shall be replaced by the following:

Regulation (EEC) No 3030/93 (1) makes provision for a
double-checking system relying on the issue of export
and import licences in paper form. In the light of tech-
nological progress it is appropriate to provide for the
possibility of transmitting the necessary information in
electronic form.

It is appropriate to allow the Member States to extend
the period of validity of import authorisations for two
periods of three months rather than one period.

3.

The competent authorities shall notify the Commis-
‘5.
sion 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
transferred into the
remaining quantities of the total Community quantitative
limit for each category of product and each third country
concerned.’;

shall automatically be

in Article 16(1)
replaced by ‘Article 17a’.

the expression ‘Article 17(5)’ shall be

The provisions of the double-checking system for prod-
ucts 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.

4. Article 17 shall be replaced by the following Articles

‘Article 17

The textile committee

(5) 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 it should be possible to present a single certifi-
cate of origin covering more than one consignment of
goods.

(6)

(7)

The measures necessary for the implementation of Regu-
lation (EEC) No 3030/93 should be adopted in accord-
ance with Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (2).

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,

The Commission shall be assisted by a committee

1.
(hereinafter referred to as the “textile committee”).

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/
468/EC shall be set at one month.

The textile committee shall adopt its rules of proce-

3.
dure.

Article 17a

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

(1) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 2474/2000 (OJ L 286, 11.11.2000, p. 1).

(2) OJ L 184, 17.7.1999, p. 23.

5. Annexes III and VIII shall be amended in accordance with

the Annex hereto.

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Official Journal of the European Communities

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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, 26 February 2001.

For the Council

The President

A. LINDH

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ANNEX

1. Annex III is hereby amended as follows:

(a) in Article 11 the following paragraph is added:

‘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) in Article 12 the following paragraph is added:

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

‘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 two
further periods of three months. Such extensions shall be notified to the Commission. In exceptional circum-
stances, an importer may request a third period of extension. These exceptional requests may only be granted by a
decision taken in accordance with the procedure laid down in Article 17(2) of the Regulation.’;

(d) in Article 18 the following paragraph is added:

‘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 to replace the grant of export
licences in paper form.’;

(e) in Article 19 the following paragraph is added:

‘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.’;

(f) Article 21(2) is replaced by the following:

‘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 two
further periods of three months. Such extensions shall be notified to the Commission. In exceptional circum-
stances, an importer may request a third period of extension. These exceptional requests may only be granted by a
decision taken in accordance with the procedure laid down in Article 17(2) of the Regulation.’;

(g) in Article 28 the following paragraph is added:

At the request of the importer, the customs authorities of the Member States may accept a single certificate

‘7.
of origin relating to more than one consignment, when goods:

(a) are the subject of a single export licence;

(b) are classified in the same category;

(c) come exclusively from the same exporter, are destined for the same importer; and,

(d) are made the subject of entry formalities at the same customs office in the Community.

This procedure shall be applicable for the same period as the validity of the import authorisation including any
subsequent extension thereof.

Notwithstanding subparagraph (d), if, after the importation of the first consignment, the remaining goods need to
be cleared in a customs office different from the customs office where the original certificate of origin was
presented, at the written request of the importer, one or several replacement certificate(s) of origin may be issued by
the first customs office, corresponding with the quantities remaining on the original certificate. The specifications of
the replacement certificate shall be identical to those of the original certificate. The replacement certificate shall be
regarded as the definitive certificate of origin for the products to which it refers.’

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 set out in Article 17(2).’