CELEX: 51994PC0442
Language: en
Date: 1994-10-20
Title: Proposal for a COUNCIL REGULATION (EC) establishing provisional quantitative limits on imports into the Community of certain textile products originating in the People' s Republic of China (cat. 14, cat.17),in the Republic of Indonesia (cat. 23), and in the Republic of India (cat. 23, cat.24)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                C0M(94) 442 final
                                                Brussels, 20.10.1994
                                                 94/0240 (ACC)
                                 Proposal for a
                           COUNCIL REGULATION (EC)
               establishing provisional quantitative limits on imports
         into the Community of certain textile products originating in the
     People's Republic of China (cat 14, cat 17), in the Republic of Indonesia
               (cat 23), and in the Republic of India (cat 23, cat. 24)
                        (presented by the Commission)
 ---pagebreak---                                   Explanatory Memorandum
    The attached proposal of a draft Council Regulation introduces provisional
    quantitative limits on import into the Community of certain textile products originating
    in the People's Republic of China (cat. 14,17) India (cat. 23, 24) and Indonesia (cat.
    23). This proposal is made as a consequence of the absence of a favorable opinion of
    the Textile Committee on draft measures submitted to it on of 27 September 1994.
    Under Article 10 of Council Regulation (EEC) n° 3030/93, should the unrestricted
    imports of the concerned textile products into the Community reach a certain
    threshold, the Community may request supplier countries t o enter into consultations
    and, pending the outcome of these consultations, it may establish a provisional
    quantitative limit.
    U p o n analysis of the requests of several Member States (F, IT, B , P ) the Commission
    have come to the conclusion that for 5 cases of products the opening of consultations
    with the concerned exporting countries is fully justified as evidenced by the following
    figures:
    China: cat. 14, cat. 17
    India: cat. 2 3 , cat. 24
    Indonesia: cat. 23
Ranking                                         Imports 94       Imports  Imports     Imports
as EEC Country cat.        unit   Threshold     latest available 92/91     93/92       1993
supplier                                        figures
           China      14 (OOOpcs) 1.236         2.186             » 57%    + 8%        8.446
           China      17 (OOOpcs) 1.499         1.875            + 70%     + 82%      8.381
           India     23 (tonnes)  2.492         3.963            + 66%     + 5%       7.339
           India     24 (OOOpcs)  7.542         16.541           + 70%     + 50%     23.741
           Indonesia 23 (tonnes)  2.492         5.866            + 19%     + 42%       8.548
    Imports from these countries for the categories concerned are indeed well in excess of
    the levels set out in the bilateral agreements on trade in textile products at which the
     Community may request the opening of consultations and limit the imports of
    products of the concerned categories provisionally. It has therefore been proposed in
    the Committee extablished by Council Regulation (EEC) n° 3030/93, pending the
     outcome of the consultations to limit the imports into the Community of those
    products for a period of three months up to the following amounts which correspond
    to the level provided for in Article 10 (3) of Council Regulation (EEC) n° 3030/93 :
    China         cat. 14         2112
    China         cat. 17         2095
     India        cat. 23         1835
    India         cat. 24         5935
    Indonesia     cat. 23         2137
 ---pagebreak--- The Commission proposal has not received a favourable opinion at qualified majority
of the Textile Committee. Therefore in accordance with the procedure of Art. 17(4) of
Regulation (EEC) n° 3030/93 which foresees that in the absence of an opinion of the
Textile Committee the Commission shall present to the Council without delay a
proposal for the measures to be taken, the attached draft Council Regulation has been
prepared. Notes Verbale requesting the opening of consultations with a view to
reaching an agreement or joint conclusions on a suitable level of restriction, together
with a request to limit the concerned country's exports to the Community to the level
provided m Article 10(3b) of Council Regulation (EEC) n° 3030/93 have been sent by
the Commission on                1994. The Council is asked to adopt the attached
proposal.
                                              i
 ---pagebreak---                                               Proposal for a
                              Council Regulation n° (CE)
                  establishing provisional quantitative limits on imports
            into the Community of certain textile products originating in the
       People's Republic of China (cat. 14, cat. 17), in the Republic of Indonesia
                  (cat. 23), and in the Republic of India (cat. 23; cat. 24)
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community, and in particular
article 113 thereof,
Having regard to Council Regulation (EEC) N° 3030/93 of 12 October 1993 on common
rules for imports of certain textile products from third countries (1), as last amended by
Commission Regulation (EC) N° 195/94(2), and in particular Article 10 thereof, in
relation with Article 17 thereof,
Having regard the proposal of the Commission,
Whereas Article 10 of Regulation (EEC) N° 3030/93 lays down the conditions under
which quantitative limits may be established of certain textile products originating in third
countries not covered by quantitative limits by virtue of a bilatéral textile agreement;
Whereas imports into the Community of certain textile products specified in the Annex
hereto and originating in the People's Republic of China (herein after referred to as
"China"), in the Republic of Indonesia (herein after referred to as "Indonesia"), in the
Republic of India (herein after referred to as "India) have exceeded the level referred to
in Article 10 (1) in conjunction with Annex IX of Regulation (EEC) N° 3030/93;
Whereas, in accordance with Article 10 (3) of Regulation (EEC) N°. 3030/93, on
                 1994 China, Indonesia and India were notified of a request for
consultations;
Whereas, pending a mutually satisfactory solution, the Commission has requested China,
Indonesia and India for a provisional period of three months to limit their exports to the
Community of the products concerned to the provisional quantitative limits set out in the
Annex with effect from the date of the request for consultations;
Whereas pending the outcome of the requested consultations quantitative limits identical
to the one requested of the supplier country should be applied provisionally to imports of
the category of products in question;
Whereas it is appropriate to apply to imports into Community of products for which
quantitative limits are introduced the provisions of Council Regulation (EEC) No
3030/93 which are applicable to imports of products subject to the quantitative limits set
out in Annex V of the said Regulation;
 (1) O J N ° L 2 7 5 , 8 . 1 1 . 1 9 9 3 , p . 1
 (2)  O J N ° L 29,    2.2.1994,          p.l
 ---pagebreak--- Whereas the products in question exported from China, Indonesia and India between
               1994 and the date of entry into force of this Regulation must be set off
against the quantitative limits which have been introduced;
Wfaereas these quantitative limits should not prevent the importation of products covered
by it, shipped from China, Indonesia and India before the date of entry into force of this
Regulation;
Whereas the measures provided for in this Regulation have not received a favourable
opinion by the Committee established by Regulation (CEE) n° 3030/93; that article 17,
paragraph 4, of the said regulation foresees that if the measures envisaged are not
conform the opinion of the Textiles Committee or in absence of an opinion, the
Commission shall submit to the Council, without delay, a proposal concerning the
mesaures to be taken,
HAS ADOPTED THIS REGULATION
                                            Article 1
Without prejudice to the provisions of Article 2, imports into the Community of the
categories of products originating in China, Indonesia and India and specified in the
Annex hereto shall be subject to the provisional quantitative limits set out in that Annex.
                                           Article 2
1. Products referred to in Article 1 shipped from China, Indonesia and India to the
Community before the date of entry into force of this Regulation and not yet released for
free circulation, shall be so released subject to the presentation of a bill of lading or other
transport document proving that shipment actually took place during that period.
2. Imports of products shipped to the Community after the entry into force of this
Regulation shall be subject to the provisions of Council Regulation (EEC) No 3030/93
which apply to imports into the Community of products subject to the quantitative limits
set out in Annex V of the said Regulation.
3. All quantities of products shipped to the Community on or after                    1994 and
released for free circulation shall be deducted from the quantitative limits laid down.
These provisional limits shall not, however, prevent the importation of products covered
by them but shipped from China, Indonesia and India before the date of entry into force
of this Regulation.
                                           Article 3
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.
It shall apply until                 .1994.
Done at Brussels,
                                                   t
 ---pagebreak---                                                             ANNEX
                                                                                                   Third              Quantitive Limits
:ategory    CN code                         Description                                           country            from
                                                                                                              Uhit
           «20111 00       Men's or boys' woven overcoats, raincoats and other coats, cloaks
 14
         «62011210         and capes, of wool, of cotton or of man-made textile fibres (other China         000 pes     2112
         ex 62011290       than parkas) (of category 21)
         «62011310
         ex 620113 90
            62102000
             6203 3100      Men's, or boys' jackets and blazers, other than knitted or' China                000 pes    2095
   17                       crocheted, of wool, of cotton or of man-made fibres
             6203 3290
             620333 90
             62033919 ,
  23         55082010       Yarn of staple or waste artificial fibres, not pot up for retail sale
                                                                                                   Indonesia tonnes    2137
             55101100
             55101200                                                                               India              1835
             55102000
             55103000
             55109000
              61072100       Men's or boys' nightshirts, pyjamas, bathrobes, dressing gowns          _. ..  -y—.     crrec
    24                                                                                               inaia  KXXi
              61072200       and similar articles, knitted or crocheted                                          P°s •**»
              6107 29 00
              6i079110
              6107 91 90
              61079200
            ex 6107 99 00
               61083110       Women's or girls' nightdresses, pyjamas, négligés, bathrobes,
               6108 31 90     dressing gowns and similar articles^ knitted or crocheted
               6108 3211
               6108 32 19
               6108 32 90
               6108 39 00
                6108 91 10
                6108 91 90
                6108 92 00
                6108 99 10
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(94) 442 final
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                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-94-462-EN-C
                                                             ISBN 92-77-81156-0
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