Commission Regulation (EC) No 293/2002 of 15 February 2002 amending Regulation (EC) No 1615/2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community
Date: 2002-02-15
Institutions: European Commission
Subjects: Nepal, certificate of origin, export, generalised preferences, originating product, textile product

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EN

Official Journal of the European Communities

16.2.2002

COMMISSION REGULATION (EC) No 293/2002

of 15 February 2002

amending Regulation (EC) No 1615/2000 derogating from Regulation (EEC) No 2454/93 in respect
of the definition of the concept of originating products used for the purposes of the scheme of
generalised preferences to take account of the special situation of Nepal regarding certain exports
of textiles to the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code (1),
as last amended by Regulation (EC) No 2700/2000 of the
European Parliament and of the Council (2), and in particular
Article 247 thereof,

Whereas:

(1)

(2)

(3)

By Council Regulation (EC) No 2501/2001 of 10
December 2001 applying a scheme of generalised tariff
the period 1 January 2002 to 31
preferences for
December 2004 (3), the Community granted generalised
tariff preferences to Nepal.

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (4), as last amended by Regu-
lation (EC) No 993/2001 (5), establishes the definition of
the concept of originating products to be used for the
purposes of the scheme of generalised tariff preferences
(GSP). However Regulation (EEC) No 2454/93 provides
for derogations in favour of least-developed GSP-benefi-
ciary countries which submit an appropriate request to
that effect to the Community.

Nepal has benefited from such a derogation for certain
textiles since 1997,
in the last instance by virtue of
Commission Regulation (EC) No 1615/2000 of 24 July
2000 derogating from Regulation (EEC) No 2454/93 in
respect of the definition of the concept of originating
products used for the purposes of the scheme of general-
ised preferences to take account of the special situation
of Nepal regarding certain exports of textiles to the
Community (6), which applied for the period 15 July
2000 to 31 December 2001. It has submitted a request
for the renewal of the derogation.

(4)

The provisions of Regulation (EC) No 1615/2000,
in
particular the existence of quantitative conditions, which
apply on an annual basis, reflecting the Community

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 311, 12.12.2000, p. 17.
(3) OJ L 346, 31.12.2001, p. 1.
(4) OJ L 253, 11.10.1993, p. 1.
(5) OJ L 141, 28.5.2001, p. 1.
(6) OJ L 185, 25.7.2000, p. 54.

market's capacity to absorb the Nepalese products,
Nepal's export capacity and actual recorded trade flows,
were designed to prevent injury to the corresponding
branches of Community industry.

The request submitted by Nepal has been considered by
the Commission and has been found to be duly substan-
tiated. The derogation should therefore be renewed.
Moreover, the interests of traders both in Nepal and in
the Community concluding contracts in particular, and
the stability and the sustained development of
the
Nepalese industry in terms of ongoing investment and
employment, require that the provisions of Regulation
(EC) No 1615/2000 should continue to apply without
interruption when the derogation provided for therein
expires. Furthermore, the derogation should be granted
for a longer period of
time than hitherto, but not
beyond 31 December 2004, when the current GSP
scheme expires.

In order to allow more efficient monitoring of
the
operation of the derogation, the authorities of Nepal
should communicate regularly to the Commission
details of certificates of origin issued.

Regulation (EC) No 1615/2000 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1615/2000 is amended as follows:

1. In Article 2,

‘31 December 2001’

is replaced by ‘31

December 2004’.

2. Article 5 is replaced by the following:

‘Article 5

The competent authorities of Nepal shall

1.
take the
necessary steps to carry out quantitative checks on exports
of the products referred to in Article 1.

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The following shall be entered in box 4 of certificates of origin form A issued by the competent

2.
authorities of Nepal pursuant to this Regulation:

“Derogation — Regulation (EC) No 1615/2000”.

3.
The competent authorities of Nepal shall forward to the Commission every month a statement of
the quantities in respect of which certificates of origin form A have been issued pursuant to this
Regulation and the serial numbers of those certificates.’

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

It shall apply from 1 January 2002.

Article 2

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

Done at Brussels, 15 February 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission