Corrigendum to Commission Regulation (EC) No 2187/2004 of 20 December 2004 (OJ L 373, 20.12.2004)
Date: 2004-12-22
Institutions: European Commission
Subjects: Cambodia, common commercial policy, derogation from EU law, generalised preferences, originating product, textile product

22.12.2004

EN

Official Journal of the European Union

L 374/75

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 2187/2004 of 20 December 2004

(Official Journal of the European Union L 373 of 20 December 2004)

The text of the Regulation is replaced by the following:

COMMISSION REGULATION (EC) No 2187/2004

of 20 December 2004

amending Regulation (EC) No 1614/2000 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 Cambodia regarding certain exports of textiles to the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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), and in particular
Article 247 thereof,

Cambodia has benefited from such a derogation for certain
textiles since 1997, in the last instance by virtue of Regulation
(EC) No 1614/2000 of 24 July 2000 derogating from Regu-
lation (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 Cambodia regarding certain exports of textiles to the
Community (4), as amended by Regulation No 292/2002 (5),
which extended its validity until 31 December 2004. By letter
dated 10 June 2004, Cambodia has submitted a request for the
renewal of this derogation.

Having regard to Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of Council Regu-
lation (EEC) No 2913/92 establishing the Community Customs Code (2),
and in particular Article 76 thereof,

(4)

The request submitted by Cambodia has been considered by the
Commission and has been found to be duly substantiated.

Whereas:

(1)

(2)

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

Regulation (EEC) No 2454/93 of 2 July 1993 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
least-developed GSP-beneficiary
derogations
countries which submit an appropriate request to that effect
to the Community.

in favour of

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the

2003 Act of Accession.

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(3) OJ L 346, 31.12.2001, p. 1. Regulation as last amended by
L 321,

(EC) No 1828/2004 (OJ

Commission Regulation
22.10.2004, p. 23).

(5)

(6)

When the validity of Regulation No 1614/2000 was extended, it
was considered that its expiry should coincide with the ending
of the current GSP scheme, which was due to end on that date.
However, Council Regulation No 2211/2003 (6) extended the
validity of
the GSP scheme for a further year, until 31
December 2005.

On 18 December 2003 the Commission published a Green
Paper on the future of rules of origin in preferential
trade
arrangements (7) which opened a wide-ranging debate on the
subject. On 7 July 2004 it published a Communication to the
Council, the European Parliament and the Economic and Social
Committee entitled ‘Developing countries,
trade
and sustainable development: the function of the Community’s
generalised system of preferences (GSP) for the 10-year period
from 2006 to 2015’ (8), which also acknowledged the need for
change in rules of origin. However, no decisions have yet been
taken and no new rules will be in place before 31 December
2004.

international

(4) OJ L 185, 25.7.2000, p. 46.
(5) OJ L 46, 16.2.2002, p. 14.
(6) OJ L 332, 19.12.2003, p. 1.
(7) COM(2003) 787 final.
(8) COM(2004) 461 final.

L 374/76

EN

Official Journal of the European Union

22.12.2004

(7)

(8)

(9)

the derogation should not pre-judge or
A prolongation of
prejudice the outcome of discussions on possible new rules of
origin for GSP. However, the interests of traders concluding
contracts both in Nepal and in the Community, as well as the
stability and the sustained development of the Nepalese industry
in terms of ongoing investment and employment, require that
the derogation should be prolonged for a period of
time
sufficient to permit the continuation or conclusion of longer-
term contracts, while facilitating the transition to possible new
rules of origin for GSP.

The provisions of Regulation (EC) No 1614/2000, in particular
the existence of quantitative limits, which apply on an annual
basis, reflecting the Community market's capacity to absorb the
Cambodian products, Cambodia’s export capacity and actual
recorded trade flows, were designed to prevent injury to the
corresponding branches of Community industry.

The derogation should therefore be renewed until 31 December
2006. However,
in order to ensure fair treatment both for
the
Cambodia
continuing need for the derogation should be reviewed once
any new rules of origin are adopted in the context of the new
generalised system of preferences.

least developed countries,

and for other

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

— in Article 2, ‘31 December 2004’ is replaced by ‘31 December 2006’

and the following paragraph is added:

‘The continuing need for the derogation shall however be reviewed
not later than 31 December 2005,
in accordance with the new
provisions to be adopted with regard to the generalised system of
preferences and the rules of origin related thereto’.

Article 2

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

(10)

Regulation (EC) No 1614/2000 should therefore be amended
accordingly.

It shall apply from 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

László KOVÁCS
Member of the Commission

Corrigendum to Commission Regulation (EC) No 1646/2004 of 20 September 2004 amending Annex I of
Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of
maximum residue limits of veterinary medicinal products in foodstuffs of animal origin

(Official Journal of the European Union L 296 of 21 September 2004)

On page 8:

for:

read:

‘2.1.4. Phenol derivatives including salicylanides’,
‘2.1.1. Salicylanilides’.