Council Regulation (EC) No 1309/2002 of 12 July 2002 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: 2002-07-12
Institutions: Council of the European Union
Subjects: committee (EU), customs document, form, import, import policy, market protection, market supervision, quantitative restriction, textile product, third country

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1309/2002

of 12 July 2002

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

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)

in Annex VII

In the interest of more efficient administrative manage-
ment,
to
the surveillance document
Council Regulation (EC) No 517/94 (1)
should be
updated to align it on the common Community surveil-
lance document provided for in Council Regulations
(EC) No 3285/94 (2) and (EC) No 519/94 (3), both as
amended by Regulation (EC) No 139/96 (4).
In the
interest of clarity, the provisions of Article 14 of Regula-
tion (EC) No 517/94 should be redrafted accordingly.

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 Regula-
tion (EC) No 517/94 in order to allow the electronic
submission of the request concerning that document.

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
implementing powers conferred on the Commis-
of
sion (5).

The procedure under Article 25(4) of Regulation (EC) No
517/94 relating to the introduction of emergency safe-
guard measures under Article 13 of that Regulation is a

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

last amended by
Commission Regulation (EC) No 888/2002 (OJ L 146, 4.6.2002,
p. 1).

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

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 safeguards foreseen by Article 6(c), first
alternative, of Decision 1999/468/EC.

(5)

(6)

(7)

(8)

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
second alternative, of Decision 1999/
Article 6(c),
468/EC, which is appropriate for the application of such
safeguard measures.

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

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

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

(9)

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

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HAS ADOPTED THIS REGULATION:

3. Article 25 is replaced by the following:

Article 1

‘Article 25

The Textile Committee

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 docu-
ment shall be made out on a form corresponding to the
model
in Annex VII. The provisions of Article 21 shall
apply mutatis mutandis.

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

Information other than that provided for in paragraph
2.
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:

‘3.
Applications for import authorisations shall be
drawn up on forms conforming to a specimen the
characteristics of which shall be established in accord-
ance with the procedure provided for in Article 25(2).
The competent authorities may, under the conditions
fixed by them, allow application documents to be
submitted by electronic means. However, all documents
and evidence must be available to the competent
authorities.’

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

the following:

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

(c) the following paragraph is added:

‘5.
At the request of the Member State concerned,
the competent
textile products in the possession of
authorities of that Member State, particularly in the
context of bankruptcy or similar procedures, for which
a valid import authorisation is no longer available, may
be released into free circulation in accordance with the
procedure laid down in Article 25(2).’;

1.

The Commission shall be assisted by a 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.

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
in compliance with Article 7 thereof. Before the
apply,
Commission adopts its decision,
the Commission shall
consult the Committee in accordance with the procedures
to be determined in the Committee's Rules of Procedure.
The time limit provided for in Article 6(b) of Decision
1999/468/EC shall be one month from the adoption of the
decision of the Commission concerning safeguard measures.
The Council, acting by a qualified majority, may confirm,
amend or revoke the decision adopted by the Commission
within a period of three months from the referral of the
Commission's decision to the Council, failing which the
decision of the Commission is deemed to be revoked.

the Commission shall consult

4.
In the case of emergency safeguard measures pursuant
to Article 13 of this Regulation the procedure in accordance
with Article 6 of Decision 1999/468/EC shall apply,
in
compliance with Article 7 thereof. Before the Commission
the
adopts its decision,
Committee in accordance with the procedures to be deter-
mined in the Committee's Rules of Procedure. The time
limit provided for in Article 6(b) of Decision 1999/468/EC
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.

5.
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 opera-
tion or application of this Regulation.

6.

The Committee shall adopt its Rules of Procedure.’;

4.

in Articles 3(3), 5(2), 6(2), 6(3), 7(1), 8(2), 17(3), 17(6), 20,
21(2), 21(3), 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
REPUBLIC OF YUGOSLAVIA’
REPUBLIC OF YUGOSLAVIA (*)

in the heading ‘FEDERAL
is replaced by ‘FEDERAL

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

(b) Annex VII

is replaced by the text in the Annex to

this Regulation.

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This Regulation shall enter into force on the third day following that of 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, 12 July 2002.

For the Council

The President

T. PEDERSEN

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ANNEX

‘ANNEX VII

List of particulars to be given in the boxes of the surveillance document

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