Commission Regulation (EC) No 797/2002 of 14 May 2002 amending Annexes III and VIII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
Date: 2002-05-14
Institutions: European Commission
Subjects: import policy, originating product, quantitative restriction, textile product, third country

15.5.2002

EN

Official Journal of the European Communities

L 128/29

COMMISSION REGULATION (EC) No 797/2002

of 14 May 2002

amending Annexes III and VIII to Council Regulation (EEC) No 3030/93 on common rules for
imports of certain textile products from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3030/93 of 12
October 1993 on common rules for imports of certain textile
products from third countries (1), as last amended by Commis-
sion Regulation (EC) No 27/2002 (2), and in particular Article
19 thereof,

(5)

(6)

(7)

Regulation (EEC) No 3030/93 should be amended
accordingly.

In order to ensure that the Community complies with its
international obligations the measures provided for in
this Regulation should apply with effect from 1 January
2002.

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

Whereas:

(1)

(2)

(3)

(4)

The Council has adopted by Regulation (EC) No 2474/
2000 (3) the list of textiles and clothing products to be
integrated into GATT 1994 on 1 January 2002.

The People's Republic of China became a full member of
the World Trade Organization on 11 December 2001.
Taiwan became a full member on 1 January 2002.

The certificate of origin and the export certificate used
by Taiwan differ slightly from the standard model
in
Regulation (EEC) No 3030/93. Specimens have been
provided by the Taiwanese authorities.

The flexibility provisions for both countries, as laid out
in Regulation (EEC) No 3030/93, need to be adapted in
order to comply with the Community's international
obligations.

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Annex III is amended in accordance with part A of the

Annex to this Regulation.

2. Annex VIII is replaced by the text set out in part B of the

Annex to this Regulation.

Article 2

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

It shall apply with effect from 1 January 2002.

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

Done at Brussels, 14 May 2002.

For the Commission

Pascal LAMY

Member of the Commission

(1) OJ L 275, 8.11.1993, p. 3.
(2) OJ L 9, 11.1.2002, p. 1.
(3) OJ L 286, 11.11.2000, p. 1.

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Official Journal of the European Communities

15.5.2002

(A) In Annex III of Regulation (EEC) No 3030/93 the following specimen of a Taiwan export certificate and certificate of

origin are added:

ANNEX

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(B) Annex VIII of Regulation (EEC) No 3030/93 is replaced by the following:

‘ANNEX VIII

REFERRED TO IN ARTICLE 7

Flexibility provisions

The attached table indicates for each of the supplier countries listed in column 1 the maximum amounts which, after
advance notification to the Commission, it may transfer between the corresponding quantitative limits indicated in
Annex V in accordance with the following provisions:
— advance utilisation of the quantitative limit for the particular category established for the following quota year
shall be authorised up to the percentage of the quantitative limit for the current year indicated in column 2; the
amounts in question shall be deducted from the corresponding quantitative limits for the following year,
— carry-over of amounts not utilised in a given year to the corresponding quantitative limit for the following year
shall be authorised up to the percentage of the quantitative limit for the year of actual utilisation indicated in
column 3,

— transfers from categories 1 to categories 2 and 3 shall be authorised up to the percentages of the quantitative limit

to which the transfer is made indicated in column 4,

— transfers between categories 2 and 3 shall be authorised up to the percentages of the quantitative limit to which

the transfer is made indicated in column 5,

— transfers between categories 4, 5, 6, 7 and 8 shall be authorised up to the percentages of the quantitative limit to

which the transfer is made indicated in column 6,

— transfers into any of the categories in Groups II or III (and where applicable Group IV) from any of the categories
in Groups I, II or III shall be authorised up to the percentages of the quantitative limit to which the transfer is
made indicated in column 7.

The cumulative application of the flexibility provisions referred to above shall not result in an increase in any
Community quantitative limit for a given year above the percentage indicated in column 8.

The table of equivalence applicable to the abovementioned transfers is given in Annex I.

Additional conditions, possibilities for transfers and notes are given in column 9 of the table.

1. Country

2. Advance
utilisation

3. Carry-over

4. Transfers from
categories 1 to
categories 2 and 3

5. Transfers between
categories 2 and 3

6. Transfers between
categories 4, 5, 6, 7, 8

7. Transfers from
Groups I, II, III to
Groups II, III, IV

8. Maximum increase
in any category

9. Additional conditions

Argentina

Belarus

Brazil

China

Hong Kong

India

Indonesia

Macao

5 %

5 %

5 %

1 %

—

5 %

5 %

1 %

7 %

7 %

7 %

3 %

—

7 %

7 %

2 %

7 %

4 %

7 %

1 %

0 %

7 %

7 %

0 %

7 %

4 %

7 %

4 %

4 %

7 %

7 %

4 %

7 %

4 %

7 %

4 %

4 %

7 %

7 %

4 %

7 %

5 %

7 %

6 %

5 %

7 %

7 %

5 %

n.a.

13,5 %

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

Malaysia

5 %

7 %

7 %

7 %

7 %

7 %

n.a.

Transfers may be made from categories 2
and 3 to category 1 up to 4 %

With regard to column 7, transfers can
also be made from and to Group V. For
Group I categories the limit in column 8
is 13 %

A transfer of 2 % from categories 2 and 3
to category 1 shall also be authorised

Further amounts may be authorised by
the Commission in accordance with the
procedure set out in Article 17(2) up to:

Column 2: 5 %
Column 3: 7 %

With regard to column 7, transfers from
Groups I, II, and III may only be made
into Groups II and III

See appendix to Annex VIII

Further amounts may be authorised by
the Commission in accordance with the
procedure set out in Article 17(2) up to
8 000 tonnes
for any
textiles category and 3 000
particular
tonnes
clothing
particular
category)

(2 500 tonnes

any

for

Further amounts may be authorised by
the Commission in accordance with the
procedure set out in Article 17(2) up to:

Column 2: 5 %
Column 3: 7 %

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1. Country

2. Advance
utilisation

3. Carry-over

4. Transfers from
categories 1 to
categories 2 and 3

5. Transfers between
categories 2 and 3

6. Transfers between
categories 4, 5, 6, 7, 8

7. Transfers from
Groups I, II, III to
Groups II, III, IV

8. Maximum increase
in any category

9. Additional conditions

Pakistan

5 %

7 %

7 %

7 %

7 %

7 %

n.a.

Peru

Philippines

Singapore

South Korea

Sri Lanka

Taiwan

Thailand

Uzbekistan

5 %

5 %

5 %

1 %

5 %

5 %

5 %

5 %

9 %

7 %

7 %

2 %

9 %

7 %

7 %

7 %

11 %

11 %

11 %

11 %

7 %

7 %

0 %

7 %

7 %

4 %

7 %

7 %

4 %

7 %

7 %

5 %

11 %

11 %

11 %

11 %

0 %

7 %

4 %

4 %

7 %

4 %

4 %

7 %

4 %

5 %

7 %

5 %

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

Vietnam

5 %

7 %

0 %

0 %

7 %

7 %

17 %

With regard to column 7, transfers can be
made from any category in Groups I, II,
III, IV and V to Groups II, III, IV and V

n.a. = not applicable.

With regard to Column 4 transfers may
be made between categories 1, 2 and 3.

Further amounts may be authorised by
the Commission in accordance with the
procedure set out in 17(2) up to 4 000
tonnes (2 000 tonnes for any particular
category)

Transfers may be made between catego-
ries 1, 2 and 3 up to 11 %

Further amounts may be authorised by
the Commission in accordance with the
procedure set out in Article 17(2) up to:

Column 2: 5 %
Column 3: 7 %

Imports are currently not
quantitative limits (see Annex V)

subject

to

13,5 %

With regard to column 7, transfers can
also be made from and to Group V.

For Group I categories
column 8 is 13 %.

the limit

in

.

.

1
5
5
2
0
0
2

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L

1
2
8
/
3
7

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Official Journal of the European Communities

15.5.2002

Flexibility provisions for quantitative restrictions referred to in Appendix C to Annex V

1. Country

2. Advance
utilisation

3. Carry-over

4. Transfers
between
categories 156,
157, 159
and 161

5. Transfers
between other
categories

6. Maximum
increase in any
category

7. Additional conditions

China

1 %

3 %

1,5 %

6 %

14 %

Further amounts may
be authorised by the
Commission in accord-
ance with the proce-
dure set out in Article
17(2) up to:

Column 2: 5 %
Column: 7 %

Appendix to Annex VIII

Flexibility provisions Hong Kong

Category

2. Advance utilisation

1. Country

Hong Kong

1. Country

Hong Kong

Group

Group I

Group II

Group

Group I

Group II

Group III

all categories

Category

3. Carry-over

2, 2A

3, 3A, 4, 7, 8

5

6, 6A

13

12, 16, 26, 39

13S, 31, 83

29, 78

2, 2A, 3, 3A

4

5

6, 6A, 7, 8

13, 13S

12, 31

26, 39, 78

16, 29, 83

3,25 %

3,00 %

3,75 %

2,75 %

3,50 %

4,25 %

4,50 %

5,00 %

5,00 %

3,75 %

3,25 %

3,00 %

2,50 %

3,00 %

4,50 %

5,00 %

5,50 %

5,50 %’

Group III

all categories