Commission Regulation (EC) No 1478/2005 of 12 September 2005 amending Annexes V, VII and VIII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
Date: 2005-09-12
Institutions: European Commission
Subjects: import policy, originating product, quantitative restriction, textile product, third country

13.9.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1478/2005

of 12 September 2005

amending Annexes V, VII 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
Community,

establishing the European

Having regard to Council Regulation (EEC) No 3030/93 of
12 October 1993 on common rules for imports of certain
from third countries (1), and in particular
textile products
Articles 8 and 19 thereof,

Whereas:

Commerce

On 10 June 2005, the European Commission and the
Chinese Ministry
a
of
on
Memorandum of Understanding on the
export of
certain Chinese textile and clothing products to the
European Union.
this
Memorandum of Understanding the Commission subse-
quently adopted Regulation (EC) No 1084/2005.

to take account of

In order

agreed

It is necessary to clarify the destination of shipments to
the Community indicated in footnote 3 of
the table
shown under
in Annex V of Regulation (EEC)
No 3030/93, as well as a specific conversion rate for
children’s garments for textiles category 4.

(b)

the quantities established in the Memorandum of Under-
standing. As a result it was agreed to provide for addi-
tional quantities for the categories concerned and to
introduce certain flexibilities.

In order to take into account of the arrangement agreed
by the European Commission and the Chinese Ministry
of Commerce it is necessary to adjust the quantitative
limits for imports of textile and clothing products origi-
nating in China for 2005 and 2006 and to provide for
certain flexibilities. Regulation (EEC) No 3030/93 should
therefore be amended accordingly.

In addition, given the particular circumstances of this
situation, it is appropriate to provide for additional quan-
tities in order to allow for the release of all textile and
clothing products which are currently blocked.

(7)

(8)

(9)

In view of the urgency of the matter, the Regulation
should enter into force without delay.

(10)

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,

the
is necessary to provide for arrangements for
It
treatment of goods sent out from the Community to
China for Processing Traffic (OPT).

HAS ADOPTED THIS REGULATION:

These arrangements on OPT should be reflected in
Annex VII of Regulation (EEC) No 3030/93.

Article 1

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

The quantitative limits laid down in the Memorandum of
Understanding have been reached for several product
categories. As a consequence, a considerable amount of
goods are blocked at the Community ports which creates
unexpected difficulties for the normal conduct of trade.

On 5 September 2005, the European Commission and
the Chinese Ministry of Commerce concluded consul-
tations on how to deal with the problems caused by
exports of textile and clothing from China in excess of

1. Annex V is amended in accordance with Annex I to this

Regulation;

2.

in Annex VII the table is replaced by the table set out in
Annex II to this Regulation;

(1) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Com-
mission Regulation (EC) No 1084/2005 (OJ L 177, 9.7.2005, p. 19).

3.

in Annex VIII the table is replaced by the table set out in
Annex III to this Regulation.

(1)

(2)

(3)

(4)

(5)

(6)

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Official Journal of the European Union

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This Regulation shall enter into force on the 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, 12 September 2005.

For the Commission

Peter MANDELSON
Member of the Commission

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ANNEX I

Annex V to Regulation (EEC) No 3030/93 is modified as follows:

(a) 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)

Community quantitative limits

Third country

Category

Unit

Belarus

GROUP IA

1

2

3

GROUP IB

4

5

6

7

8

GROUP IIA

9

20

22

23

39

GROUP IIB

12

13

15

16

21

24

26/27

29

73

83

GROUP IIIA

33

36

37

50

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

tonnes

tonnes

tonnes

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

387

1 242

463

196

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

Community quantitative limits

Third country

Category

Unit

2005

339

361

199

87

1 800

448

GROUP IIIB

67

74

90

GROUP IV

115

117

118

Serbia (1)

GROUP IA

Vietnam (2)

1

2

2a

3

GROUP IB

5

6

7

8

GROUP IIA

9

GROUP IIB

15

16

GROUP IIIB

67

GROUP IB

4

5

6

7

8

GROUP IIA

9

20

39

GROUP IIB

12

13

14

15

18

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

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

Community quantitative limits

Third country

Category

Unit

2005

21

26

28

29

31

68

73

76

78

83

GROUP IIIA

35

41

GROUP IIIB

10

97

GROUP IV

118

GROUP V

161

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

tonnes

1 000 pieces

tonnes

tonnes

tonnes

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)

Agreed levels

Third country

Category

Unit

11 June to 31
December 2005 (1)

2006

2007

China

GROUP IA

2 (including 2a)

tonnes

20 212

61 948

69 692

GROUP IB

4 (2)

5

6

7

GROUP IIA

20

39

1 000 pieces

161 255

1 000 pieces

118 783

1 000 pieces

124 194

1 000 pieces

26 398

tonnes

tonnes

6 451

5 521

540 204

189 719

338 923

80 493

15 795

12 349

594 225

219 674

382 880

88 543

17 770

13 892

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Official Journal of the European Union

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

Agreed levels

Third country

Category

Unit

11 June to 31
December 2005 (1)

2006

2007

GROUP IIB

26

31

GROUP IV

115

1 000 pieces

8 096

1 000 pieces

108 896

27 001

219 882

29 701

248 261

tonnes

2 096

4 740

5 214

(1) Imports into the Community of products which were shipped to the Community 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 to the Community before that date. By way of derogation of Article 2(2) of Council 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 Council Regulation (EEC) No 3030/93.
Import authorisations for goods shipped to the Community between 11 June 2005 and 12 July 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
to the Community 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) shall be presented to the competent authorities of a Member
State no later than 20 September 2005.
Goods shipped before 12 July do not need to have been shipped directly to the Community to benefit from the exemption of
quantitative limits, although the competent authorities of the Community may deny such benefits if they have reasons to
suspect that they have been shipped to another destination before 12 July in order to circumvent this Regulation, in case such
transactions do not respond to normal business practices or purely logistical reasons. By way of example, are considered as
corresponding to a normal conduct of business goods shipped to distribution centres for the importing companies, or when
the importer can present a contract or letter of credit preceding the date of shipment, or when the goods have been
transhipped outside China onto another means of transport within a reasonably short period of time.
The increases to the agreed levels introduced by the Regulation (EC) No 1478/2005 are made available to enable the issuance
of import licences for goods shipped to the Community between 13 and 19 July 2005, or for goods shipped to the
Community after 20 July 2005 with a valid Chinese export licence, which are in excess of the agreed levels introduced by
Commission Regulation (EC) No 1084/2005 in Annex V to Council Regulation (EEC) No 3030/93.
Should any goods shipped to the Community between 13 and 19 July 2005 exceed these levels, the Commission may
authorise the issuance of further import licences after informing the Textiles Committee, and after effecting the transfer of
2 072 924 kg of products of category 2 as provided for in Annex VIII.

(2) See Appendix A.’

(b) Appendix A to Annex V is replaced by the following:

‘Appendix A to Annex V

Category

Third Country

Remarks

4

China

For the purpose of setting off exports against the agreed levels a conversion rate
of five garments (other than babies' garments) of a maximum commercial size of
130 cm for three garments whose commercial size exceeds 130 cm may be
applied for up to 5 % of the agreed levels.
The export licence concerning these products must bear, in box 9, the words “The
conversion rate for garments of a commercial size of not more than 130 cm
must be applied”.’

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ANNEX II

In Annex VII to Regulation (EEC) No 3030/93 the table is replaced by the following:

COMMUNITY QUANTITATIVE LIMITS FOR GOODS RE-IMPORTED UNDER OPT

‘TABLE

Community quantitative limits

2005

4 733

6 599

8 800

6 605

2 249

4 446

697

3 858

786

2 567

661

3 215

1 304

4 998

664

872

Third country

Category

Unit

Belarus

GROUP IB

4

5

6

7

8

GROUP IIB

12

13

15

16

21

24

26/27

29

73

83

GROUP IIIB

74

GROUP IB

5

6

7

8

GROUP IIB

15

16

Serbia (1)

Vietnam (2)

GROUP IB

4

5

6

7

8

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

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

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

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Third country

Category

Unit

Community quantitative limits

2005

GROUP IIB

12

13

15

18

21

26

31

68

76

78

1 000 pairs

1 000 pieces

1 000 pieces

tonnes

1 000 pieces

1 000 pieces

1 000 pieces

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.

Third
country

Category

Unit

China

GROUP IB

Specific agreed levels

11 June to 31
December 2005 (1)

2006

2007

4

5

6

7

GROUP IIB

26

31

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

208

453

1 642

439

791

6 301

408

886

3 216

860

1 550

12 341

449

975

3 538

946

1 705

13 575

(1) The relevant textile products sent from the Community to the People’s Republic of China for processing before 11 June 2005
and re-imported into the Community after that date will, upon adequate proof such as the export declaration, benefit from these
provisions.’

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In Annex VIII to Regulation (EEC) No 3030/93 the table is replaced by the following:

ANNEX III

‘1.
COUNTRY

2.
Advance
utilisation

3.
Carry-over

4.
Transfers
from
category
1 to cate-
gories 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

Belarus

5 %

7 %

4 %

4 %

4 %

5 %

13,5 % 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 %

Serbia

5 %

10 %

12 %

12 %

12 %

12 %

17 %

China

5 %

7 %

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

Transfers between cate-
gories 4, 5, 6, 7, 26
and 31: 4 %.

Transfers between cate-
gories 2, 20, 39 and
115: 4 %.

2 072 924 kg of
category 2 can be
transferred by the
Commission in 2005
into categories 4, 5, 6,
7, 20, 26, 31, 39 and
115.

Before any such
transfers can be carried
out, prior authorisation
from the Commission
is necessary. The
implementation of such
transfers shall be made
public.’