CELEX: 51996PC0703
Language: en
Date: 1997-01-16
Title: Proposal for a COUNCIL REGULATION (EC) amending COUNCIL REGULATION (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 16.01.1997
                                              COM(96) 703 final
                                              97/20 (ACC)
                              Proposal for a
                    COUNCIL REGULATION (EC)
                                amending
     COUNCIL REGULATION (EEC) No 3030/93 of 12 October 1993
on common rules for imports of certain textile products from third countries
                     (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
Council Regulation (EEC) No. 3030/93 of 12 October 1993 as amended sets out the
import regime in respect of textiles products subject to quantitative restrictions and
surveillance from third countries.
The proposed regulation is designed to effect a series of amendments :
(i) The Commission will no longer be required to amend the Regulation in respect of
the list of members of the World Trade Organisation or the list of the national
authorities responsible for the issue of import documents. These will henceforth be
published in the C series for the information of operators.
(ii) Following agreements with India and Vietnam handloom and folklore products
from these countries will be covered by a different import regime.
(iii) Article 8 of Regulation 3030/93 allows the importation of additional quantities
over and above the levels of the agreed quantitative restrictions under certain
circumstances. The amendments are designed to clarify the way in which these
possibilities should be used.
(iv) To permit more flexible management of quantitative limits it is proposed to allow,
in exceptional circumstances, possible extensions of the validity of export licences
(from 31 March to 30 June of a calendar year)
(v) It is proposed to state more clearly that the Agreement on Textiles and Clothing
(in respect of WTO Members) and bilateral agreements (with other third countries)
will prevail if Regulation 3030/93 is inconsistent with them.
(vi) Minor consequential changes.
 ---pagebreak---                                  Proposal for a
                      CM INCH, REGULATION (EC)
         COUNCIL REGULATION (EEC) No 5030/93 of 12 October 1993
   on common rules for imports of certain textile products from third countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3030/93 of 12 October 1993, as last amended
by Commission Regulation (EC) No 1410/96, introduced common rules applicable to
imports of certain textile products from third countries;
Whereas publication of a notice in the Official Journal of the European Communities,
C series, would be sufficient to meet operators' information requirements, in
particular as regards the list of World Trade Organization (WTO) member countries;
Whereas, in the light of the conclusion of the arrangement concerning market access
for textile products between the European Community and the Republic of India by
Council Decision 96/386/EC of 26 February 1996 and of Council Decision 96/207/EC
of 22 December 1995 on the provisional application of the Agreement in the form of
Agreed Minutes between the European Community and the Socialist Republic of
Vietnam amending the Agreement on trade in textile and clothing products, Article 3
of Regulation (EEC) No 3030/93 should be amended to take account of the new
arrangements for imports of cottage industry and folklore products from those
countries;
Whereas Article 8 of Regulation (EEC) 3030/93 allows the possibility, under
particular circumstances, of importing additional quantities; whereas, in the light of
past experience, it would be advisable to clarify the way in which that Article is
applied; whereas, in that respect, the additional quantities granted for a given quota
year and category could, for example, be deducted from one or more categories of
products in respect of the year concerned or from the quantitative limit applicable to
the category concerned in respect of the following quota year;
Whereas it should be specified that this Regulation does not take precedence over the
provisions of the Agreement on Textiles and Clothing (ATC) or of bilateral
agreements in the case of non-WTO member countries;
 ---pagebreak--- Whereas export licences must be presented to the national authority responsible for
the issue of import licences no later than 31 March of the year following that in which
the products covered by the licence were shipped; whereas the goods covered by the
export licence may not be imported in the event of failure to comply with that
deadline; whereas, in exceptional circumstances, it should be allowed to put back the
deadline for presentation of export licences until 30 June;
Whereas it seems appropriate to make certain amendments to Regulation (EEC) No
3030/93 in the light of experience acquired in its implementation; whereas, when
making these amendments, the opportunity should also be taken to clarify and update
certain provisions;
Whereas amendments to the list of Members of the WTO or to details in the list of
national authorities responsible for the issue of import papers do not as such justify
recourse to the committee procedure laid down in Article 17; whereas publication on
the Commission's initiative of regular updates to these lists in the C series of the
Official Journal of the European Communities would meet the needs of administrative
simplification and adequately fulfil operators' information requirements;
HAS ADOPTED THIS REGULATION:
                                        Article 1
Regulation (EEC) No 3030/93 is hereby amended as follows:
(1)     Article 1(1) is replaced by the following:
       "This Regulation applies to:
            imports of textile products listed in Annex I, originating in third countries
            with which the Community has concluded bilateral agreements, protocols
            or other arrangements as listed in Annex II
            imports of textile products, as listed in Annex X, which have not been
            integrated into GATT 1994 within the meaning of Article 2(6) of the WTO
            Agreement on Textiles and Clothing (ATC) and which originate in third
            countries, Members of the WTO.
      The Commission shall ensure that the list of third countries, Members of the
      WTO, and any updates thereto, are published in the Official Journal of the
      European Communities, C series."
 ---pagebreak---  (2)     Article 3(1) is replaced by the following:
       "I. The quantitative limits referred to in Annex V shall not apply to the cottage
       industry and folklore products specified in Annex VI which are accompanied on
       import by a certificate issued by the competent authorities of the country of
       origin in accordance with the provisions of Annex VI and which fulfil the other
       conditions laid down therein."
 (3)     Article 3(3) is replaced by the following:
         "3. Paragraphs 1 and 2 shall not apply to Brazil, Hong Kong or Macao."
 (4)     Article 8 is replaced by the following:
                                         "Article 8
                                    Additional imports
      Where, under particular circumstances, imports over and above those referred to
      in Annex V are required in respect of one or more categories of products,
      additional opportunities for imports during a given quota year may be granted by
      the Commission on its own initiative or at the request of one or more Member
      States in accordance with the procedure laid down in Article 17.
        Where appropriate such additional opportunities may be granted subject to
       certain conditions or procedures, in particular deduction of the amount
       corresponding to the quantitative limit:
     - of one or more categories of products belonging to the same group or sub-group
     of products for the current quota year and/or
     - of the same category of products for the following quota year.
     In an emergency, the Commission shall open consultations in the Committee set
     up under Article 17 within five working days following receipt of a request from
     a Member State and shall take a decision within fifteen working days calculated
     from the same date.
     These additional opportunities for imports shall not be taken into account for the
     purpose of applying Article 7. "
(5)     Article 15(1) is replaced by the following:
     "1. Where, following the enquiries carried out in accordance with the procedures
     established in Annex IV, the Commission finds that the information in its
     possession constitutes proof that products originating in a supplier country listed
     in Annex V and subject to the quantitative limits referred to in Article 2 or
     introduced under Article 10 have been transhipped, re-routed or otherwise
     imported into the Community through circumvention of such quantitative limits
     and that there is a need for the necessary adjustments to be made, it shall request
     that consultations be opened, in accordance with the procedure described in
 ---pagebreak---      Article 16, so that agreement may be reached on an equivalent adjustment of the
     corresponding quantitative limits."
 (6)    Article 15(5) is replaced by the following:
     "5. In addition, where there is evidence of the involvement of the territories of
     third countries which are Members of the WTO but which are not listed in Annex
     V, the Commission shall request consultations with the third country or countries
     concerned in accordance with the procedure described in Article 16 in order to
     take appropriate action to address the problem. The Commission, in accordance
     with the procedure laid down in Article 17, may introduce quantitative limits
     against the third country or countries concerned or it may take any other
     appropriate measures."
(7)    The first sentence of Article 16(1) is replaced by the following:
     "1. The Commission, in accordance with the procedure laid down in Article
     17(5), shall conduct the consultations referred to in this Regulation in accordance
     with the following rules:"
(8)     Article 20 is replaced by the following:
      "This Regulation shall not in any way constitute a derogation from the
      provisions either of the ATC, as regards WTO Members, or of bilateral
      agreements, protocols or arrangements which the Community has concluded
      with the third countries listed in Annex II or which the Community is applying
      provisionally in respect of such countries; in case of conflict, those provisions
      shall prevail."
(9)     Article 14(1) of Annex III is replaced by the following:
      "1. Where the Commission, pursuant to Article 12 of this Regulation, has
      confirmed that the amount requested is available within the quantitative limit in
      question, the authorities of a Member State shall issue an import authorization
      within a maximum of five working days of the presentation by the importer of
      the original of the corresponding export licence. This presentation must be
      effected not later than 31 March of the year following that in which the goods
      covered by the licence were shipped. In exceptional circumstances the deadline
      for presentation of the export licence may be put back to 30 June upon a duly
      motivated request by a Member State and in accordance with the procedure laid
      down in Article 17 of the Regulation."
 ---pagebreak--- (10)     The first sentence of Article 14(4) of Annex III is replaced by the
         following:                                                 '
       "4. The declaration or request made by the importer to the competent authorities
       in order to obtain the import authorization shall contain:"
 (11)     Article 21(1) of Annex III is replaced by the following:
       "1. The authorities of the Member States shall issue an import authorization
       within a maximum of five working days of the presentation by the importer of
       the original of the corresponding export licence. This presentation must be
       effected not later than 31 March of the year following that in which the goods
       covered by the licence were shipped. In exceptional circumstances the deadline
       for presentation of the export licence may be put back to 30 June upon a duly
       substantiated request by a Member State and in accordance with the procedure
       laid down in Article 17 of the Regulation. This time limit shall not apply to
       Egypt and Malta. Import authorizations, drawn up on the form conforming to
       the specimen set out in Appendix 1 to the present Annex, shall be valid
      throughout the customs territory of the European Community."
(12)     Article 21(3) of Annex III is replaced by the following:
      "The declaration or request made by the importer to the competent authorities in
      order to obtain the import authorization shall contain:"
(13)     The first subparagraph of Annex III, Article 26, is replaced by the
         following:
      "The declaration or request made by the importer to the competent authorities in
      order to obtain the surveillance document shall contain:"
(14)     Article 31(1) of Annex III is replaced by the following:
      "1. The forms to be used by the competent authorities of the Member States for
      issuing the import authorizations and surveillance documents referred to in
      Articles 14(1), 21(1) and 25(3) shall conform to the specimen of the import
      licence set out in Appendix 1 to the present Annex."
(15)     The following Article is added to Annex III:
                                       "Article 30a
      The list and addresses of the competent authorities referred to in Articles 14(4),
      21(3), 26 and 31 shall be published by the Commission in the Official Journal of
      the European Communities, C series."
 ---pagebreak--- (16)    Annex XI and Appendix 2 to Annex III of Regulation (EEC) No 3030/93
        are hereby deleted.
                                         Article 2
This Regulation shall enter into force on the day following its publication in the
Official Journal of the European Communities. This Regulation shall be binding in its
entirety and directly applicable in all Member States.
Done at Brussels,
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(96) 703 final
                                               DOCUMENTS
EN                                                                         11 02
                                     Catalogue number : CB-CO-96-709-EN-C
                                                              ISBN 92-78-13804-5
Office for Official Publications of the European Communities
L-2985 Luxembourg