REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2015/936 of the European Parliament and of the Council of 9 June 2015 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules
Date: 2019-02-13
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: bilateral agreement, delegated legislation, import (EU), market protection, originating product, powers of the institutions (EU), protocol to an agreement, quantitative restriction, textile product, third country

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  EN 

   EUROPEAN COMMISSION  Brussels, 13.2.2019  COM(2019) 79 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2015/936 of the European Parliament and of the Council of 9 June 2015 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules     
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) 2015/936 of the European Parliament and of the Council of 
9 June 2015 on common rules for imports of textile products from certain third 
countries not covered by bilateral agreements, protocols or other arrangements, or by 
other specific Union import rules 

I. 

Introduction 

In  2015,  the  European  Union  (EU)  adopted  Regulation  (EU)  2015/9361  of  the  European 
Parliament and of the Council of 9 June 2015 on common rules for imports of textile products 
from  certain  third  countries  not  covered  by  bilateral  agreements,  protocols  or  other 
arrangements, or by other specific Union import rules (“the EU Regulation” hereinafter). 

The  EU  Regulation  is  a  recast  of  Council  Regulation  (EC)  No  517/94  of  7  March  1994  on 
common  rules  for  imports  of  textile  products  from  certain  third  countries  not  covered  by 
bilateral agreements, protocols or other arrangements, or by other specific Community import 
rules, which has been substantially amended several times, and lays down the provisions for 
surveillance  and  safeguard  measures  of  textile  products  originating  in  a  limited  number  of 
third countries, and  also lays down provisions for annual quantitative limits for certain textile 
products originating in Democratic People’s Republic of Korea. A Commission implementing 
regulation laying down rules for the management and distribution of textile quotas is adopted 
at the end of every calendar year.  

Pursuant  nuclear  tests  in  the  Democratic  People’s  Republic  of  Korea,  the  UN  Security 
Council adopted the resolution 2375 (2017) on 11 September 2017 which has been transposed 
into  EU  legislation2.  Following  the  adoption  of  these  amendments,  Article  16(h)  of  the 
Council  Regulation  (EU)  2017/1509  of  30  August  2017  concerning  restrictive  measures 
against  the  Democratic  People's  Republic  of  Korea  and  repealing  Regulation  (EC)  No 
329/2007 as amended by Council Regulation (EU) 2017/1836 of 10 October 2017 amending 
Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's 
Republic of Korea states that “It shall be prohibited to import, purchase or transfer, directly 
or  indirectly,  textiles,  […],  from  the  DPRK,  whether  or  not  originating  in  the  DPRK.”  As 
long as this persists, the relevant provisions of the EU Regulation remain inactive.  

II. 

Legal Basis 

In line with Article 31(2) of the Regulation (EU) 2015/936 of the European Parliament and of 
the  Council  of  9  June  2015,  the  Commission  shall  draw  up  a  report  to  the  Council  and  the 
European Parliament in respect of the delegation of power.   

III. 

Exercise of the Delegation 

1 OJ L 160, 25.6.2015 
2 by adopting Council Regulation (EU) 2017/1836 of 10 October 2017 amending Regulation (EU) 
2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea which 
amended Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures 
against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007.  

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The EU Regulation confers powers upon the Commission in order to implement some of the 
provisions of that Regulation in particular: 

- 

- 

- 

- 

as regards the establishment of annual quantitative limit for textile products referred to 
Annex  IV  of  the  EU  Regulation  and  originating  in  the  third  countries  indicated 
therein; 
as regards the adaptation of Annexes III and IV of the EU Regulation where problems 
could be detected as regards their effective functioning. 
as  regards  the  amendments  of  the  Annexes  to  the  EU  Regulation,  by  altering  the 
import  rules  by  providing  that  the  goods  may  be  put  into  free  circulation  only  on 
production of an import authorisation, the granting of which shall be subject to limits. 
as regards the amendments of the Annexes to the EU Regulation to take into account 
the  conclusion,  amendment  or  expiry  of  agreements  or  arrangements  with  third 
countries or amendments made to Union rules on statistics, customs arrangements or 
common rules for imports. 

The  Commission  adopted  only  one  delegated  act  since  20  February  2014:  Commission 
Delegated  Regulation  (EU)  2018/173  of  29  November  2017  amending  Regulation  (EU) 
2015/936 of the European Parliament and of the Council as regards updating the Combined 
Nomenclature  codes  listed  in  Annex  I  to  that  Regulation.3  This  Delegated  Regulation  was 
adopted in order to technically align the EU Regulation with the Commission Implementing 
Regulation  (EU)  2016/1821  of  6  October  2016  amending  Annex  I  to  Council  Regulation 
(EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature  and  on  the  Common  Customs 
Tariff. This technical adaptation did not result in any material change. 

IV. 

Conclusions 

The Commission invites the European Parliament and the Council to take note of this report 
in  the  context  of  proper  exercise  by  the  Commission  of  the  powers  delegated  by  the  EU 
Regulation. 

3 

OJ L 32, 6.2.2018, p. 12. 

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