Proposal for a Council Regulation amending Regulation (EC) No 517/94 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules
Date: 2002-04-08
Institutions: European Commission
Subjects: committee (EU), import, import policy, market protection, quantitative restriction, textile product, third country

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Official Journal of the European Communities

30.7.2002

Proposal for a Council Regulation amending Regulation (EC) No 517/94 on common rules for
imports of textile products from certain third countries not covered by bilateral agreements,
protocols or other arrangements, or by other specific Community import rules

(2002/C 181 E/21)

COM(2002) 167 final — 2002/0081(ACC)

(Submitted by the Commission on 8 April 2002)

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) In

the

interest

efficient

of more

administrative
management, the surveillance document in Annex VII of
Council Regulation (EC) No 517/94 (1) should be updated
to align it on the common Community surveillance
document provided for in Council Regulations (EC) No
3285/94 (2)
they were
amended by Regulation (EC) No 139/96 (4).
In the
interest of clarity, the provisions of Article 14 of Regu-
lation (EC) No 517/94 should be redrafted accordingly.

and (EC) No 519/94 (3),

as

(2) The possibility to apply for and issue the surveillance
document electronically should be introduced.
In that
context, it is necessary to amend Article 21 of Regulation
(EC) No 517/94 in order to allow the electronic submission
of the request concerning that document.

(3) The provisions of Regulation (EC) No 517/94 concerning
the committee procedure should be adapted to take
account of Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (5).

(4) The procedure under Article 25(4) of Regulation (EC) No
517/94 relating to the introduction of emergency safeguard
measures under Article 13 of that Regulation is a variant of
the former ‘IIIB’ procedure which is no longer valid. It is
appropriate to apply,
for the application of emergency
safeguard measures, the procedure for the application of
first alternative, of
safeguards foreseen by Article 6(c),
Decision 1999/468/EC.

(5) The procedure for the application of standard safeguard
measures contained in Article 25(5) of Regulation (EC)
No 517/94 corresponds to the procedure set out
in
Article 6(c), second alternative, of Decision 1999/468/EC,
which is appropriate for the application of such safeguard
measures.

(1) OJ L 67, 10.3.1994, p. 1. Regulation as

Commission Regulation (EC) No 2878/2000 (OJ
29.12.2000, p. 60).

last amended by
L 333,

(2) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regu-

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

(3) OJ L 67, 10.3.1994, p. 89. Regulation as last amended by Regu-

lation (EC) No 1138/98 (OJ L 159, 3.6.1998, p. 1).

(4) OJ L 21, 27.1.1996, p. 7.
(5) OJ L 184, 28.6.1999, p. 23.

(6) The procedure for the application of surveillance measures
under Title III of Regulation (EC) No 517/94 should
the application of
therefore be the same as that
normal
foreseen in
Article 6(c), second alternative, of Decision 1999/468/EC,
since the two types of measure are closely linked.

safeguard measures, namely that

for

(7) For reasons of clarity it is appropriate to replace the whole
provisions of Regulation (EC) No 517/94 relating to the
Committee procedure.

(8) In the implementation of Regulation (EC) No 517/94, the
Federal Republic of Yugoslavia includes Kosovo, as defined
by the United Nations Security Council Resolution 1244 of
10 June 1999. In Kosovo, the international civil adminis-
tration (UNMIK) has established a separate customs admin-
to that Regulation should be
istration. The Annexes
adapted in order to take account of this situation.

(9) Regulation (EC) No 517/94 should therefore be amended

accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 517/94 is amended as follows:

1. In Article 14, paragraphs 1 and 2 are replaced by the

following:

‘1.
Products subject to prior Community surveillance or
safeguard measures may be put into free circulation only on
production of an import document.

In the case of prior Community surveillance measures, the
import document shall be issued free of charge by the
competent authority designated by Member States within
a maximum of five working days following receipt of an
application to the national competent authority by any
Community importer, regardless of his place of business
in the Community, for any quantity requested. Such an
application shall be deemed to be received by the national
competent authority no later than three working days after
submission, unless it
is proven otherwise. The import
document shall be made out on a form corresponding to
the model in Annex VII. The provisions of Article 21 shall
apply mutatis mutandis.

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In the case of safeguard measures, the import document
shall be issued in accordance with the provisions of Title IV.

2.
Information other than that provided for in paragraph
1 may be required when the decision to impose surveillance
or safeguard measures is taken.’

2. Article 21 is amended as follows:

(a) Paragraph 3 is replaced by the following:

of which shall

‘3.
Applications for import authorisations shall be
drawn up on forms conforming to a specimen the
characteristics
in
accordance with the procedure provided for in Article
25(2). The
the
conditions fixed by them, allow declarations to be
submitted or requests to be transmitted or printed by
electronic means. However, all documents and evidence
must be available to the competent authorities.’

competent authorities may, under

established

be

three
adopted by the Commission within a period of
months from the referral of the Commission's decision to
the Council, failing which the decision of the Commission is
deemed to be revoked.

4.
In the case of emergency safeguard measures pursuant
to Article 13 of this Regulation the procedure in accordance
in
with Article 6 of Decision 1999/468/EC shall apply,
compliance with Article 7 thereof. The
limit
provided for in Article 6(b) shall be one month from the
adoption of the decision of the Commission concerning
safeguard measures. The Council, acting by a qualified
majority, may take a different decision within a period of
three months from the referral of the Commission's decision
to the Council.

time

The chairman may, on his own initiative or at the
5.
request of one of
representatives,
the Member States'
consult the committee about any other matter relating to
the operation or application of this Regulation.

(b) In paragraph 4, the second subparagraph is replaced by

the following:

6.

The Committee shall adopt its rules of procedure.’

‘Any measure necessary to implement this paragraph
may be adopted in accordance with the procedure
provided for in Article 25(2).’

3. Article 25 is replaced by the following:

‘Article 25

The textile committee

1.
The Commission shall be assisted by a committee
called the “textile committee”, hereinafter “the committee”,
composed of representatives of
the Member States and
chaired by the representative of the Commission.

2. Where reference is made to this paragraph, the regu-
latory procedure laid down in Article 5 of Decision
in compliance with Article 7
1999/468/EC shall apply,
in Article 5(6) of
thereof. The period provided for
Decision 1999/468/EC shall be one month.

3.
For matters falling within Title III of this Regulation
except for Article 13 thereof, the safeguard procedure in
accordance with Article 6 of Decision 1999/468/EC shall
apply, in compliance with Article 7 thereof. The time limit
provided for in Article 6(b) shall be one month from the
adoption of the decision of the Commission concerning
safeguard measures. The Council, acting by a qualified
revoke the decision
majority, may confirm, amend or

4. In Articles 3(3), 5(2), 6(2), 6(3), 7(1), 8(2), 17(3), 17(6), 20,
21(2), 22, 23 and 28 the words ‘in accordance with the
appropriate procedure provided for in Article 25’ shall be
replaced by the words ‘in accordance with the procedure
provided for in Article 25(2).’

5. The Annexes are amended as follows:

(a)

In Annexes IIIb and VI ‘Federal Republic of Yugoslavia
(Serbia
‘Federal
Republic of Yugoslavia (*);

and Montenegro)’

replaced by

is

___________
(*) Including Kosovo as defined by the United Nations
Security Council Resolution 1244 of 10 June 1999.’

(b) Annex VII is replaced by the text in Annex I to this

Regulation.

Article 2

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

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

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ANNEX I

‘ANNEX VII

LIST OF PARTICULARS TO BE GIVEN IN THE BOXES OF THE SURVEILLANCE DOCUMENT

1. Consignee (name, full address, country, VAT number)

SURVEILLANCE DOCUMENT

2. Issue Number

3. Proposed place & date of import

4. Authority responsible for issue (name, address & telephone No)

5. Declarant/representative as applicable (name & full address)

6. Country of origin/Code

7. Country of consignment/Code

8. Last day of validity

9. Description of goods

10. CN code & textile category

11. Quantity of kilograms (net mass) or in additional units

12. Customs value in euro, cif at Community frontier

13. Additional remarks, including:

Certification by the applicant:

I, the undersigned, certify that the information provided in this application is true and given in good faith

Date and place

(signature) (stamp)

14. Competent authority's endorsement

Date and place

(signature) (stamp)

Original for the applicant

Copy for the competent authorities

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