Proposal for a Council Regulation amending Council Regulation (EC) No 427/2003 on a transitional product-specific safeguard mechanism for imports originating in the People's Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries
Date: 2003-10-13
Institutions: European Commission
Subjects: China, common commercial policy, import (EU), originating product, quantitative restriction

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.10.2003
COM(2003) 598 final

2003/0230 (ACC)

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 427/2003 on a transitional product-specific
safeguard mechanism for imports originating in the People's Republic of China and
amending Regulation (EC) No 519/94 on common rules for imports from certain third
countries

(presented by the Commission)

 
EXPLANATORY MEMORANDUM

Council  Regulation  (EC)  No  427/2003  implemented  the  phasing-out  of  the  quotas  on
footwear,  tableware  and  ceramics  by  2005  following  the  People’s  Republic  of  China’s
accession  to  the  WTO.  It  replaced  the  Annex  II  of  Regulation  (EC)  No  519/94.  Due  to  the
enlargement of the Community in May 2004  and following WTO  rules,  the 2004  quantities
foreseen  in  this  Annex  have  to  be  increased.  The  level  of  increase  is  determined  by  the
Understanding on the interpretation of Article XXVIII of the GATT 1994.

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2003/0230 (ACC)

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 427/2003 on a transitional product-specific
safeguard mechanism for imports originating in the People's Republic of China and
amending Regulation (EC) No 519/94 on common rules for imports from certain third
countries

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)

Regulation  (EC)  No  427/20031  lays  down  quantitative  quotas  for  certain  products
originating in the People's Republic of China.

Commission  Regulation  (EC)  No  1351/20032  established  administrative  procedures
for the first tranche of the 2004 quantitative quotas for certain products originating in
the People's Republic of China.

In  view  of  the  enlargement  of  the  European  Community  on  1  May  2004  it  is
appropriate  to  increase  the  quotas  in  accordance  with  Article  XXVIII  of  the  GATT
1994 and the Understanding of the interpretation of this Article.

(4)

It is therefore appropriate to amend Annex I of Council Regulation (EC) No 427/2003,

HAS ADOPTED THIS REGULATION:

Annex I of Regulation (EC) No 427/2003 shall be replaced with Annex I to this Regulation.

Article 1 

This Regulation shall enter into force on the day of its publication in the Official Journal of
the European Union.

Article 2

1

2

OJ L 65, 8.3.2003, p. 1.
OJ L 192, 31.7.2003, p. 8.

3

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

Done at Brussels, 

For the Council
The President

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ANNEX I

Phasing-out timetable of industrial (non-textile) quotas on imports originating in China

Product description

HS/CN Code

Jan - Dec
2003

Jan - April
2004

May - Dec
2004

2005

Footwear 

ex 6402 99(1) 

47 480 959

18 201 035

58 538 970 Removal

6403 51

6403 59

3 712 459

1 423 109

3 183 457 Removal

ex 6403 91(1)

14 698 530

5 634 436

13 992 904 Removal

ex 6403 99(1)

ex 6404 11(2)

22 106 953

8 474 332

18 901 998 Removal

6404 19 10

38 683 955

14 828 849

33 502 413 Removal

6911 10

73 139

28 036

67 905 Removal

6912 00

55 334

21 212

58 124 Removal

Tableware,
kitchenware of
porcelain or china

Ceramic tableware,
kitchenware, other
than of porcelain or
china

(1)

(2)

Excluding footwear involving special technology: shoes which have a cif price per pair of not less than
EUR  9  for  use  in  sporting  activities,  with  a  single-  or  multi-layer  moulded  sole,  not  injected,
manufactured  from  synthetic  materials  specially  designed  to  absorb  the  impact  of  vertical  or  lateral
movements  and  with  technical  features  such  as  hermetic  pads  containing  gas  or  fluid,  mechanical
components which absorb or neutralise impact or materials such as low-density polymers.

Excluding:

(a) footwear which is designed for a sporting activity and has, or has provision for the attachment of,
spikes, sprigs, stops, clips, bars or the like, with a non-injected sole;

(b) footwear involving special technology: shoes which have a cif price per pair of not less than EUR 9
for  use  in  sporting  activities,  with  a  single-  or  multi-layer  moulded  sole,  not  injected,  manufactured
from synthetic materials specially designed to absorb the impact of  vertical or lateral  movements and
with  technical  features  such  as  hermetic  pads  containing  gas  or  fluid,  mechanical  components  which
absorb or neutralise impact or materials such as low-density polymers.

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