Commission Regulation (EC) No 1084/2005 of 8 July 2005 amending Annexes II, III and V to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
Date: 2005-07-08
Institutions: European Commission
Subjects: China, import policy, originating product, quantitative restriction, textile product, third country

9.7.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1084/2005

of 8 July 2005

amending Annexes II, III and V 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,

(6)

Having regard to the Treaty
Community,

establishing the European

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), and in particular Article 19
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

the WTO
On 1 January 2005, with the expiry of
Agreement on Textile and Clothing, quotas on the
imports of textile and clothing product categories were
eliminated vis-à-vis WTO Members.

On 13 December 2004, ahead of the liberalisation of the
quotas,
the Community introduced by Council Regu-
lation (EC) No 2200/2004 (2) a surveillance system for
the 35 textile product categories concerned by the liber-
alisation.

the
the Working Party Report of
Paragraph 242 of
the People’s Republic of China (3)
(the
Accession of
to the WTO (the Textile Specific Safeguard
PRC)
Clause, or TSSC)
introduced the possibility of specific
safeguard measures on Chinese textile exports. It states
that, where a WTO Member believed that imports of
Chinese origin of textiles were, due to market disruption,
threatening to impede the orderly development of trade
in these products the Member could request consul-
tations with the PRC with a view to easing or avoiding
such market disruption.

By Regulation (EC) No 138/2003 (4), the Council inserted
Article 10a in Regulation (EEC) No 3030/93 in order to
transpose paragraph 242 of the Working Party Report
into Community legislation.

(7)

(8)

(9)

On 6 April 2005, the Commission adopted indicative
guidelines on the application of Article 10a of Regulation
(EEC) No 3030/93 concerning
specific
safeguard clause (the Guidelines).

textiles

a

(1) OJ L 275, 8.11.1993, p. 3. Regulation as

last amended by
Commission Regulation (EC) No 930/2005 (OJ L 162, 23.6.2005,
p. 1).

(2) OJ L 374, 22.12.2004, p. 1.
(3) Document WT/MIN(01)3 of 10 November 2001.
(4) OJ L 23, 28.1.2003, p. 1.

The European Commission requested and held consul-
tations with the PRC in the framework of paragraph
the Working Party Report on the PRC’s
242 of
Accession to the WTO and Article 10a of Regulation
(EEC) No 3030/93 for the product categories in which
imports originating in the PRC were believed to threaten
to impede, due to market disruption, the orderly devel-
opment of trade. Such consultations were concluded on
10 June 2005 and led to a mutually satisfactory solution
for 10 product categories. The result of the consultations
is reflected in a Memorandum of Understanding on the
export of certain Chinese Textile and Clothing Products
European
to
Commission and the Ministry of Commerce of
the
People’s Republic of China of the same date.

European Union

between

the

the

The Memorandum of Understanding covers
imports
from the PRC into the Community of ten product cate-
gories: category 2 (cotton fabrics), category 4 (T-shirts),
category 5 (pullovers), category 6 (trousers), category 7
(blouses), category 20 (bed linen), category 26 (dresses),
category 31 (brassieres), category 39 (table and kitchen
linen) and category 115 (flax or ramie yarn). The corre-
sponding customs codes are those listed in Annex I to
Regulation (EEC) No 3030/93.

The Commission believes that imports of Chinese origin
of those categories, due to the existence or threat of
market disruption, threaten to impede the orderly devel-
opment of trade within the meaning of paragraph 242 of
the Working Party Report on the PRC’s Accession to the
WTO and Article 10a of Regulation (EEC) No 3030/93
for the following reasons.

Imports of

Imports of category 2 (cotton fabrics) originating in the
PRC increased by 71 % in volume in the first
four
months of 2005, when compared to the same period
in 2004. This brings imports of this category to 124 %
of the alert level specified by the Guidelines (the alert
level).
this category from all countries
increased slightly, by 4 %, during the same period.
However, the average price of Chinese origin imports
has decreased by 21 % (according to import surveillance
data), much faster
than the average price of other
countries (– 2 % based on January-March Eurostat data).
imports of
This situation is more acute as regards
products of sub-category 2A (denim fabrics), as imports
from China in the first quarter of 2005 increased by
102 % as compared with the same period of 2004,
whilst total imports increased by 15 % and average unit
prices dropped by 20 %.

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Official Journal of the European Union

9.7.2005

(10)

(11)

(12)

(13)

(14)

(15)

Imports of category 4 (T-shirts) originating in the PRC
increased by 199 % in volume in the first four months of
2005, when compared to the same period in 2004. This
brings imports of this category to 197 % of the alert
countries
level.
increased by 24 %, during the same period. The average
price of Chinese origin imports has decreased by 37 %.

category from all

Imports of

this

Imports of category 5 (pullovers) originating in the PRC
increased by 530 % in volume in the first four months of
2005, when compared to the same period in 2004. This
brings imports of this category to 194 % of the alert
countries
level.
increased by 14 %, during the same period. The average
price of Chinese origin imports has decreased by 42 %.

category from all

Imports of

this

Imports of category 6 (trousers) originating in the PRC
increased by 413 % in volume in the first four months of
2005, when compared to the same period in 2004. This
brings imports of this category to 312 % of the alert
level.
countries
increased by 18 %, during the same period. The average
price of Chinese origin imports has decreased by 14 %.

category from all

Imports of

this

Imports of category 7 (blouses) originating in the PRC
increased by 256 % in volume in the first four months of
2005, when compared to the same period in 2004. This
brings imports of this category to 207 % of the alert
level.
countries
increased by 4 %, during the same period. The average
price of Chinese origin imports has decreased by 30 %.

category from all

Imports of

this

Imports of category 20 (bed linen) originating in the PRC
increased by 158 % in volume in the first four months of
2005, when compared to the same period in 2004. This
brings imports of this category to 107 % of the alert
level.
countries
increased by 6 %, during the same period. The average
price of Chinese origin imports has decreased by 34 %.

category from all

Imports of

this

Imports of

Imports of category 26 (dresses) originating in the PRC
increased by 219 % in volume in the first four months of
2005, when compared to the same period in 2004. This
brings imports of this category to 212 % of the alert
level.
countries
increased by 1 %, during the same period. The average
price of Chinese origin imports has increased by 2 % as
reported by the surveillance system. However, actual
Eurostat figures for the first quarter show a large price
drop of 42 %.

category from all

this

2005, when compared to the same period in 2004. This
brings imports of this category to 145 % of the alert
level.
countries
increased by 6 %, during the same period. The average
price of Chinese origin imports has decreased by 37 %.

category from all

Imports of

this

(17)

(18)

Imports of category 39 (table and kitchen linen) origi-
nating in the PRC increased by 64 % in volume in the
first four months of 2005, when compared to the same
period in 2004. This brings imports of this category to
110 % of the alert level. Imports of this category from all
countries increased by 10 %, during the same period. The
average price of Chinese origin imports has decreased by
39 %.

Imports of category 115 (flax or ramie yarn) originating
in the PRC increased by 55 % in volume in the first four
months of 2005, when compared to the same period in
2004. This brings imports of this category to 150 % of
the alert level. Imports of this category from all countries
increased by 40 %, during the same period. The average
price of Chinese origin imports has remained stable (it
has increased by 3 % according to import surveillance
figures or remained unchanged according to Eurostat).
the average unit
However,
price of Chinese origin imports is less than half
the
average rice practiced by the Community producers.

it should be noticed that

(19)

The import levels for textile and clothing products from
the PRC and other implementation arrangements set out
in the Memorandum of Understanding should be
transposed in Regulation (EEC) No 3030/93.

(20) Article 27 of Annex III of Regulation (EEC) No 3030/93
should be amended to further detail the provisions for
data transmission by Member States in the framework of
the system of the a posteriori statistical surveillance for
certain textiles products.

(21)

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

(22)

The Regulation shall enter into force on the third day
after its publication in order to provide for a rapid imple-
mentation of the Memorandum of Understanding.

(23)

The measures provided for in this Regulation are in
accordance with the opinion of the Textile Committee
set up by Article 17 of Regulation (EEC) No 3030/93,

(16)

Imports of category 31 (brassieres) originating in the PRC
increased by 110 % in volume in the first four months of

HAS ADOPTED THIS REGULATION:

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Article 1

Annexes II, III and V to Regulation (EEC) No 3030/93 are amended as set out in the Annex to this
Regulation.

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

Article 2

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

Done at Brussels, 8 July 2005.

For the Commission

Peter MANDELSON
Member of the Commission

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1. Annex II is replaced by the following:

ANNEX

‘ANNEX II

EXPORTING COUNTRIES REFERRED TO IN ARTICLE 1

Belarus

China

Russia

Serbia

Ukraine

Uzbekistan

Vietnam’

2. Annex III is amended as follows:

(a) Article 27 is replaced by the following:

‘Article 27

Textile products listed in tables C and D shall be subject to a system of a posteriori statistical surveillance. That
surveillance should be administered in accordance with the scheme laid down in Article 308d of Commission
Regulation (EEC) No 2454/93 (*). After release for free circulation of the products, the competent authorities of the
Member States shall notify the Commission, if possible on a weekly basis but not less frequently than by the 12th
of each month for the preceding month, of the total quantities imported and their value, indicating the date of
release into free circulation of the products, origin of the products and order number. Such information shall
indicate the combined nomenclature code and where appropriate the TARIC subdivisions, the category of products
to which they belong, and where applicable the supplementary units required for that nomenclature code. The
information has to be in a format compatible with the Surveillance system managed by Directorate-General for
Taxation and Customs Union.
___________
(*) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148,

11.6.2005, p. 5).’

(b) Article 28(6) is replaced by the following:

‘6.

This number shall be composed of the following elements:

— two letters identifying the exporting country as follows:

— Belarus = BY
— China = CN
— Serbia = XS
— Uzbekistan = UZ
— Vietnam = VN

— two letters identifying the intended Member State of destination, or group of such Member States, as follows:

— AT = Austria
— BL = Benelux
— CY = Cyprus
— CZ = Czech Republic
— DE = Federal Republic of Germany

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— DK = Denmark
— EE = Estonia
— GR = Greece
— ES = Spain
— FI = Finland
— FR = France
— GB = United Kingdom
— HU = Hungary
— IE = Ireland
— IT = Italy
— LT = Lithuania
— LV = Latvia
— MT = Malta
— PL = Poland
— PT = Portugal
— SE = Sweden
— SI = Slovenia
— SK = Slovakia

— a one-digit number identifying the quota year or the year under which exports were recorded, in the case of
products listed in table A of this Annex, corresponding to the last figure in the year in question, e.g. “5” for
2005 and “6” for 2006.

— a two-digit number identifying the issuing office in the exporting country,

— a five-digit number running consecutively from 00001 to 99999 allocated to the specific Member State of

destination.’

(c) Table B is replaced by the following:

‘Countries and categories subject to the system of surveillance

Third country

Group

Category

China

I A

I B

II A

II B

1

3

of which 3a

ex 20

8

9

22

23

12

13

14

15

16

17

Unit

tonnes

tonnes

tonnes

tonnes

1 000 pieces

tonnes

tonnes

tonnes

1 000 pairs

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

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Third country

Group

Category

Unit

III A

III B

IV

V

28

29

78

83

35

97

117

118

122

136A

156

157

159

163

1 000 pieces

1 000 pieces

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes
tonnes’

3. Annex V is replaced by the following:

‘ANNEX V

COMMUNITY QUANTITATIVE LIMITS

(a) Applicable for the year 2005

(The complete description of the goods is shown in Annex I)

Third country

Category

Unit

Community quantitative
limits

Belarus

GROUP I A
1
2
3
GROUP I B
4
5
6
7
8
GROUP II A
9
20
22
23
39
GROUP II B
12
13
15
16
21
24
26/27
29
73
83

tonnes
tonnes
tonnes

1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces

tonnes
tonnes
tonnes
tonnes
tonnes

1 000 pairs
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
tonnes

2005

1 585
5 100
233

1 600
1 058
1 400
1 200
1 110

363
318
498
255
230

5 958
2 651
1 500
186
889
803
1 069
450
315
178

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Third country

Category

Unit

Community quantitative
limits

Serbia (1)

Vietnam (2)

2005

387
1 242
463
196

339
361
199

87
1 800
448

GROUP III A
33
36
37
50
GROUP III B
67
74
90
GROUP IV
115
117
118
GROUP I A
1
2
2a
3
GROUP I B
5
6
7
8
GROUP II A
9
GROUP II B
15
16
GROUP III B
67
GROUP I B
4
5
6
7
8
GROUP II A
9
20
39
GROUP II B
12
13
14
15
18
21
26
28
29
31
68
73
76
78
83

tonnes
tonnes
tonnes
tonnes

tonnes
1 000 pieces
tonnes

tonnes
tonnes
tonnes

tonnes
tonnes
tonnes
tonnes

1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces

tonnes

1 000 pieces
1 000 pieces

tonnes

1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces

tonnes
tonnes
tonnes

1 000 pairs
1 000 pieces
1 000 pieces
1 000 pieces
tonnes
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
1 000 pieces
tonnes
1 000 pieces
tonnes
tonnes
tonnes

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Third country

Category

Unit

Community quantitative
limits

2005

GROUP III A
35
41
GROUP III B
10
97
GROUP IV
118
GROUP V
161

tonnes
tonnes

1 000 pairs
tonnes

tonnes

tonnes

(1) Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on
trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative
restrictions under certain circumstances.

(2) Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the
Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community
retains the right to reapply quantitative restrictions under certain circumstances.

(b) Applicable for the years 2005, 2006 and 2007

(The complete description of the goods is shown in Annex I)

Third country

Category

Unit

China

GROUP I A

Community quantitative limits

11 June to 31
December 2005 (1)

2006

2007

2 (including 2a)

tonnes

26 217

61 948

69 692

GROUP I B

4

5

6

7

GROUP II A

20

39

GROUP II B

26

31

GROUP IV

115

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

tonnes

tonnes

1 000 pieces

1 000 pieces

150 985

68 974

104 045

24 761

6 451

5 521

7 959

96 086

540 204

199 704

348 072

80 493

15 795

12 349

27 001

225 692

594 225

219 674

382 880

88 543

17 770

13 892

29 701

248 261

tonnes

1 911

4 740

5 214

(1) Imports into the Community of products which were shipped before 11 June 2005 but presented for free circulation on or
after that date shall not be subject to quantitative limits. Import authorisations for such products shall be granted automatically
and without quantitative limits by the competent authorities of the Member States, upon adequate proof, such as the bill of
lading, and the presentation of a signed declaration by the importer, that the goods have been shipped before that date. By way
of derogation of Article 2(2) of Regulation (EEC) No 3030/93, imports of goods shipped before 11 June 2005 shall also be
released for free circulation upon the presentation of a surveillance document issued in accordance with Article 10a(2a) of
Regulation (EEC) No 3030/93.
Import authorisations for goods shipped between 11 June 2005 and 12 July 2005 shall be granted automatically and cannot be
denied on the grounds that there are no quantities available within the 2005 quantitative limits. However, the import of all
products shipped from 11 June 2005 will be counted against the 2005 quantitative limits.
The granting of import authorisations will not require the presentation of the corresponding export licenses for goods shipped
before China has put in place its export licensing system (20 July 2005).
Applications for import licences for the import, from the date of entry into force of this Regulation, of goods that have been
shipped between 11 June 2005 and 19 July 2005 (inclusive) should be presented to the competent authorities of a Member
State no later than 15 August 2005.’