Commission Regulation (EC) No 35/2006 of  11 January 2006  amending Annexes I, V and VII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
Date: 2006-01-11
Institutions: European Commission
Subjects: import, originating product, quantitative restriction, textile product, third country

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 35/2006

of 11 January 2006

amending Annexes I, V and VII 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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

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)

For the implementation of the Memorandum of Under-
standing between the European Commission and its
Chinese counterpart it is necessary to reintroduce the
the
original provisions under Annex
product description.

regarding

I

The Council has approved by Decision 2005/948/EC (2)
the signing and the provisional application of a bilateral
agreement between the European Community and the
Republic of Belarus on trade in textile products.

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

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,

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

1.

in Annex I, paragraph 2 is replaced by the following:

‘2. When the constitutive material of the products of cate-
gories 1 to 114 originating in Vietnam and China is not
specifically mentioned, these products shall be taken to
be made exclusively of wool of or fine animal hair, of
cotton or of man-made fibres.’;

2. Annex V is replaced by the text in Annex I to this Regu-

lation;

3.

in Annex VII, the table is replaced by the table in Annex II
to this Regulation.

Article 2

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

It shall apply with effect from 1 January 2006.

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

Done at Brussels, 11 January 2006.

For the Commission

Peter MANDELSON
Member of the Commission

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

(EC) No 1478/2005 (OJ

last amended by
L 236,

Commission Regulation
13.9.2005, p. 3).

(2) OJ L 345, 28.12.2005, p. 21.

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

ANNEX I

‘ANNEX V

COMMUNITY QUANTITATIVE LIMITS

(a) applicable for the year 2006

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

Community quantitative limits

Third country

Belarus

Category

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

GROUP IIIB

67

74

90

Unit

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

tonnes

1 000 pieces

tonnes

2006

1 585

6 000

242

1 672

1 105

1 550

1 252

1 160

363

329

524

255

241

5 959

2 651

1 569

186

930

844

1 117

468

329

184

387

1 309

463

207

356

377

208

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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)

Community quantitative limits

Third country

Category

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

21

26

28

29

31

68

73

76

78

83

2006

95

2 100

471

Unit

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

Community quantitative limits

Third country

Category

Unit

2006

GROUP IIIA

35

41

GROUP IIIB

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)

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)

1 000 pieces

161 255

5

6

7

1 000 pieces

118 783

1 000 pieces

124 194

1 000 pieces

26 398

tonnes

tonnes

6 451

5 521

GROUP IIA

20

39

GROUP IIB

26

31

540 204

189 719

338 923

80 493

15 795

12 349

594 225

219 674

382 880

88 543

17 770

13 892

1 000 pieces

8 096

27 001

29 701

1 000 pieces

108 896

219 882

248 261

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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 IV

115

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 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 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 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
(OJ L 177, 9.7.2005, p. 19) in Annex V to 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.

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

ANNEX II

COMMUNITY QUANTITATIVE LIMITS FOR GOODS REIMPORTED UNDER OPT

‘TABLE

Third country

Category

Unit

Community quantitative limits

Belarus

GROUP IB

4

5

6

7

8

GROUP IIB

12

13

15

16

21

24

26/27

29

73

83

GROUP IIIB

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

2006

5 055

7 047

9 398

7 054

2 402

4 749

744

4 120

839

2 741

706

3 434

1 392

5 337

709

Serbia (1)

GROUP IB

74

1 000 pieces

931

5

6

7

8

GROUP IIB

15

16

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

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Community quantitative limits

Third country

Vietnam (2)

Category

GROUP IB

Unit

2006

4

5

6

7

8

GROUP IIB

12

13

15

18

21

26

31

68

76

78

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

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

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

GROUP IIB

26

31

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
reimported into the Community after that date will, upon adequate proof such as the export declaration, benefit from these provisions.’