CELEX: 31989R2135
Language: en
Date: 1989-06-12 00:00:00
Title: Council Regulation (EEC) No 2135/89 of 12 June 1989 on common rules for imports of certain textile products originating in the people's Republic of China

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31989R2135

Council Regulation (EEC) No 2135/89 of 12 June 1989 on common rules for imports of certain textile products originating in the people's Republic of China  

Official Journal L 212 , 22/07/1989 P. 0001 - 0078

COUNCIL REGULATION  (EEC) N° 2135/89of 12 June 1989on common rules for imports of certain textile products  originating in the People's Republic of ChinaTHE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof, Having regard to the proposal from the Commission, Whereas in 1988 the European Economic Community negotiated an Agreement with the People's Republic  of China (hereinafter referred to as 'China') on trade in textile products (1); (hereinafter  referred to as 'the Agreement'); Whereas the Community and China have decided that the provisions of this Agreement shall be fully  implemented as from 1 January 1989 until 31 December 1992; Whereas it is necessary, with a view to implementing the provisions of the Agreement to establish  new specific common rules for imports of certain textile products originating in China; Whereas it is necessary to ensure that the purpose of the Agreements should not be obstructed by  defletion of trade and that it is therefore necessary to determine the way in which the origin of  the products in question is controlled and the methods by which the appropriate administrative  cooperation is achieved; Whereas compliance with the quantitative limits on exports established under the Agreement is  ensured by a double-checking system; whereas the effectiveness of these measures depends on the  Community establishing a set of quantitative limits to be applied to imports of all products from  China which are subject to quantitative limitations; Whereas products entering the customs territory of the Community under the arrangements for inward  processing or other temporary admission arrangements and intended for re-exportation out of the  said territory in the same state or after processing should not be subject to such quantitative  limits; (1) OJ N° L 380, 31. 12. 1988, p. 1. Whereas special rules are required for products re-imported under the arrangements for economic  outward processing; Whereas, in order to apply quantitative limits in conformity with the Agreement, it is necessary to  establish a special management procedure; whereas it is desirable that such common management  system be decentralized by allocating the quantitative limits among the Member States, and that the  import authorizations be issued by the Member States' authorities in accordance with the  double-checking system defined in the Agreement; Whereas, in order to ensure the best possible utilization of the Community quantitative limits,  they should be allocated in accordance with the requirements of the Member States and with the  quantitative objectives established by the Council; whereas, however, the extent of the  disparitities existing in the conditions for importation of these products into the Member States  and the particularly sensitive position of the Community textile industry mean that the said  conditions can be standardized only gradually; whereas, for these reasons, allocation of supplies  cannot immediately be effected on the basis of requirements alone; Whereas the Agreement provides for the possibility of automatic transfers between the shares  allocated to the Member States within the Community quantitative limit on the basis of increasing  percentages from the first year of application of the Agreement onwards, with a view in particular  to giving China more flexibility in using each Community quantitative limit; Whereas it is also necessary to maintain efficient and rapid procedures for altering Community  quantitative limits and their allocation to take account of the development of trade flows, needs  for additional imports and the Community's obligations under the Agreement; Whereas, in respect of certain textile products under limitations, the Agreement provides for a  consultation procedure with China whereby a limit to the growth of imports of a product may be  agreed where significant use ofits related quantitative limit follows a marked under-use; whereas  China also agreed to limit its exports, from the time of the consultation request, to a level  established in the Agreement; whereas, in the absence of agreement within the specified time  limits, China agreed to limit the growth in its exports to a level established in the Agreement; Whereas, in the case of products not subject to quantitative limitation, the Agreement provides for  a consultation procedure whereby, in the event that the volume of imports of a given category of  products into the Community or one of its regions exceeds a certain threshold, agreement can be  reached with China on the introduction of quantitative limits; whereas China also undertakes to  limit its exports from the date of a request for such consultations, at the level indicated by the  Community; whereas, if no agreement is reached with China within the period stipulated, the  Community may introduce quantitative limits at a specific annual or multiannual level; Whereas the Agreement established a system of cooperation between the Community and China with the  aim of preventing circumvention by means of transhipment, re-routing or other means; whereas a  consultation procedure is established under which an agreement can be reached with China on an  equivalent adjustment to the relevant quantitative limit when it appears that the Agreement has  been circumvented; whereas China also agreed to take the necessary measures to ensure that any  adjustments could be rapidly applied; whereas, in the absence of agreement with China within the  time limit provided, the Community may, where clear evidence of circumvention is provided apply the  equivalent adjustment; Whereas, in order, inter alia, to comply with time limits set in the Agreement, it is necessary to  establish a rapid and efficient procedure for introducing such quantitative limits and concluding  such Agreements with China; Whereas, for practical reasons, it is convenient to make use, for the purposes enumerated above, of  the management committee already set up by Regulation (EEC) N° 4136/86 (1); Whereas the provisions of this Regulation must be applied in conformity which the Community's  international obligations, in particular with those arising from the Agreement, HAS ADOPTED THIS REGULATION: Article 11.  This Regulation shall apply to imports into the Community of the  textile products referred to in Annex I and originating in China. 2.  The classification of products listed in Annex I shall be based on the combined nomenclature,  without prejudice to(1) OJ N° L 387, 31. 12. 1986, p. 42. Article 3 (6). The procedures for the application of this paragraph are laid down in Annex V. 3.  Subject to the provisions of this Regulation, the importation into the Community of the textile  products referred to in paragraph 1 shall not be subject to quantitative restrictions or measures  having equivalent effect to such restrictions. Article 21.  The origin of the products referred to in Article 1 (1) shall be determined in  accordance with the rules in force in the Community. 2.  The procedures for control of the origin of the products referred to in Article 1 (1) are laid  down in Annex IV. Article 31.  The importation into the Community of the textile products listed in Annex III,  originating in China and shipped between 1 January 1989 and 31 December 1992 shall be subject to  the annual quantitative limits laid down in that Annex. 2.  The release for free circulation in the Community of imports subject to the quantitative limits  referred to in paragraph 1 shall be subject to the presentation of an import authorization or  equivalent document issued by the Member States' authorities in accordance with Article 11. 3.  The authorized imports shall be charged against the quantitative limits laid down for the year  in which the products are shipped in China. In this Regulation, shipment of products shall be  considered to have taken place on the date of their loading onto the exporting aircraft, vehicle or  vessel. 4.  Imports of products not subject to quantitative limitation before 1 January 1989 which were in  the course of shipment to the Community before that date shall not be subject to the quantitative  limits referred to in this Article, provided that they were shipped in China before 1 January  1989. Imports of products not subject to quantitative limitations before 1 January 1989, shipped in China  on or after 1 January 1989, shall be subject to and charged against the quantitative limits  referred to in paragraph 1. These limits shall not, however, prevent the importation of such  products as were shipped in China between 1 January 1989 and the date of entry into force of this  Regulation. 5.  The release for free circulation of products the importation of which was subject to  quantitative limitation before 1 January 1989 and which were shipped before the said date shall  continue from that date to be subject to the presentation of the same import documents, and to the  same import conditions, as before 1 January 1989. 6.  The definition of quantitative limits laid down in Annex III and the categories of products to  which they apply shall be adapted in accordance with the procedure laid down in Article 16 where  this proves necessary to ensure that any subsequent amendment to the combined nomenclature or any  decision amending the classification of such products does not result in a reduction of such  quantitative limits. 7.  The quantitative limits fixed in Annex III may be adapted in accordance with the procedure laid  down in Article 16 in order to take into account changes in classification occurring following the  entry into force of the combined nomenclature. Article 41.  The quantitative limits referred to in Article 3 shall not apply to the cottage  industry and folklore products defined in Annex VI which are accompanied on importation by a  certificate issued by the competent authorities of China in accordance with the provisions of Annex  VI and which fulfil the other conditions laid down therein. 2.  The release for free circulation in the Community of the textile products referred to in  paragraph 1 and originating in China shall be granted only for those products covered by an import  document issued by the competent authorities of the Member States, provided that similar  machine-made products are subject to the quantitative limits referred to in Article 3. The said import document shall be issued automatically within a maximum of five working days from  the date of presentation by the importer of the certificate referred to in paragraph 1, issued by  the competent authorities of China. The import document shall be valid for six months and shall state the grounds for exemption as  given in the certificate referred to in paragraph 1. Article 51.  Where the Commission finds, in accordance with the procedure laid down in Article  16, that difficulties have arisen in the Community or any of its regions as a result of a sudden  and substantial increase in one calendar year by comparison with the preceding year in imports of a  Group I category product subject to the quantitative limits laid down in Article 3, originating in  China, it may, with the approval of the Committee under the procedure set out in Article 16, open  consultations with China, in accordance with the procedure set out in Article 15 with a view to  seeking naturally acceptable solutions to the difficulties. 2.  The consultations with the supplier country concerned which are provided for in paragraph 1 may  lead to the conclusion of an arrangement between that supplier country and the Community or the  adoption of joint conclusions. 3.  The arrangements provided for in paragraph 2 shall be concluded and the measures provided for  in the arrangements or joint conclusions referred to in paragraph 2 shall be adopted in accordance  with the procedure laid down in Article 16. Article 61.  The quantitative limits referred to in Article 3 shall not apply to products placed  in a free zone or imported underthe arrangements governing warehouses, temporary importation or  inward processing (suspension system). Where the products referred to in the preceding subparagraph are subsequently released for free  circulation, either in the unaltered state or after working or processing, Article 3 (2) shall  apply and the products so released shall be charged against the quantitative limit established for  the year for which the export licence was issued. 2.  Where the authorities in the Member States establish that imports of textile products have been  charged against a quantitative limit fixed pursuant to Article 3 and that these products have  subsequently been re-exported outside the customs territory of the Community, they shall inform the  Commission within four weeks of the quantities concerned and issue additional import authorizations  for the same products and the same quantities in accordance with Article 3 (2). Imports effected under cover of such authorizations shall not be charged against the quantitative  limit for the current year or the following year. Subject to the conditions laid down in Annex VII, re-imports into the Community of textile products  after processing in the countries listed in that Annex shall not be subject to the quantitative  limits referred to in Article 3 provided that they are effected in accordance with the Regulations  on economic outward processing in force in the Community. Article 71.  The Community quantitative limits shall be allocated in such a way as to ensure the  best possible utilization of these quantitative limits and to attain progressively a more balanced  penetration of the markets by means of improved burden sharing among the Member States. 2.  The allocation of the Community quantitative limits shall be adjusted in accordance with the  procedure laid down in Article 15 and according to the criteria established in paragraph 1 where  this proves necessary, particularly in view of trends in patterns of trade, in order to ensure the  best possible utilization of the limits. 3.  Without prejudice to the provisions of paragraph 2, after 1 June each year China may, after  notifying the Commission in advance, transfer the unused quantities of theshares allocated to  Member States of a Community quantitative limit provided for in Article 3 to the shares of the same  limit allocated to other Member States, provided that less than 80 % of the share of the Member  State from which the transfer is being made has been used and subject to the following percentages  of the share to which the transfer is being made: -  4 % in 1989, -  8 % in 1990, -  16 % in 1991. The percentage in the fourth year of application of the Agreement shall be determined following  consultations between the Parties. 4.  In cases referred to in paragraph 1 which are of particular economic importance to one or more  Member States, the Commission shall, however, refer proposals for amendment of the allocation  directly to the Council. The Council shall act upon such proposals in accordance with Article 113  of the Treaty. Article 8In order that the Community textile and clothing industry may benefit from the  utilization of all the quantitative limits established in Annex III and in particular those  established for categories 2, 3 and 37, and in order to contribute to the improvement of supplies  to these industries of raw silk, silk waste, angora and cashmere, the Commission shall, at the  request of one or more Member States, submit to the Chinese authorities before 1 December of each  Agreement year a list of interested manufacturing and processing companies and, where appropriate,  the quantities of products requested by the companies concerned. Article 91.  China may, after notifying the Commission in advance, utilize the shares allocated  to Member State in the following ways: (a)  Advance utilization during any given year of a portion of a share established for the  following year shall be authorized for each category of products up to 5 % of the share for the  year of actual utilization. Such advance imports shall be deducted from the corresponding shares established for the following  year. (b)  Carry-over of amounts not utilized during any given year to the corresponding share for the  following year shall be authorized up to 7 % of the share for the year of actual utilization. (c)  Transfers of quantities in group I categories shall be made only as follows: - transfers from category 1 to categories 2 and 3 shall be authorized up to 7 % of the share  established for the category to which the transfer is made, - transfers between categories 2 and 3 are governed by the provisions of the Appendix to Annex  III, - transfers between categories 4, 5, 6, 7 and 8 shall be authorized up to 7 % of the share  established for the category to which the transfer is made. Transfers of quantities into the different categories in group II or III may be made from any  category in group I, II or III subject to a maximum of 7 % of the share established for the  category to which the transfer is made. The table of equivalence applicable to the abovementioned transfers is given in Annex I. (d)  The cumulative application of points (a), (b) and (c) may not, in the course of any given  year, cause a limit established for the category in question to be exceeded by more than 17 %. 2.  In the event of recourse by China to the provisions of paragraph 1, the Commission shall notify  the authorities of the Member State concerned, which shall authorize the imports in question in  accordance with the double-checking system defined in Annex V. 3.  Where a Member State's share has been increased by the application of paragraph 1 above or of  Article 10, or where further possibilities for imports into that Member State have been created  under Article 10, such increases or further import possibilities shall not be taken into account  for the purposes of applying paragraph 1 in the current year or subsequent years. Article 101.  Member States which find that they require additional imports for their internal  consumption or which consider that their share may not be fully utilized shall notify the  Commission accordingly. 2.  The quantitative limits laid down in Article 3 may be increased in accordance with the  procedure laid down in Article 16 where it appears that additional imports are required. 3.  As the request of a Member State which finds that it requires additional imports, either on the  occasion of fairs or where it has issued import authorizations or equivalent documents for up to 80  % of its national share, the Commission may, after oral or written consultations with the Member  States within the Committee referred to in Article 16, open up additional possibilities for imports  into that Member State. In an emergency, the Commission shall open consultations within the Committee within five working  days followingreceipt of the request from the Member State concerned and shall take a decision  within 15 working days calculated from the same date. Article 111.  The authorities of the Member States shall issue the import authorizations or  equivalent documents provided for in Article 3 (2) up to the amount of their shares, taking into  account the measures taken pursuant to Articles 5, 7, 9 and 10. 2.  The import authorizations or equivalent documents shall be issued in accordance with Annex V. 3.  The quantities of products covered by the import authorizations or equivalent documents  provided for in Article 3 shall be charged against the share of the Member State which issued those  authorizations or documents. 4.  The competent authorities of the Member State shall cancel import authorizations or equivalent  documents already issued in cases where the corresponding export licences have been withdrawn or  cancelled by the competent authorities in China. However, if the competent authorities of a Member  State have not been informed by the competent authorities of China of the withdrawal or  cancellation of an export licence until after the related products have been imported into such  Member State, the quantities in question shall be set off against the Member State's quota share  for the year during which shipment of products took place. Article 121.  The importation into the Community of textile products listed in Annex I,  originating in China and not subject to the quantitative limits referred to in Article 3, shall be  subject to a system of administrative control. 2.  Should imports into the Community of products falling within any given category, referred to in  paragraph 1, not subject to the arrangements laid down in Annex VII and originating in China  exceed, in relation to the preceding calendar year's total imports into the Community of products  in the same category, the percentages indicated below, such imports may be made subject to  quantitative limits under the conditions laid down in this Article: - for all categories of group II products: 5 %, - for all categories of group III products: 10 %. These arrangements may be limited to imports into specific regions of the Community. 3.  Should the imports referred to in paragraph 2 into a given region of the Community exceed, in  relation to the total quantities calculated for the whole Community according to the percentage  specified in paragraph 2, the percentage setfor that region in the table below, such imports may  be made subject to quantitative limits in the region in question: Germany25,5 %, Benelux9,5 %, France16,5 %, Italy13,5 %, Denmark2,7 %, Ireland0,8 %, United Kingdom21,0 %, Greece1,5 %, Spain7,5 %, Portugal1,5 %. 4.  Paragraphs 2 and 3 shall not apply where the percentages specified therein have been reached as  a result of a fall in total imports into the Community, and not as a result of an increase in  exports of products originating in China. 5.  Where the Commission finds, in accordance with the procedure laid down in Article 16, that the  conditions set out in paragraphs 2 and 3 are fulfilled and considers that a given category of  products should be made subject to a quantitative limit, with the concurring opinion of the  Committee under the procedure in Article 16: (a)  it shall open consultations with China, in accordance with the procedure specified in Article  15, with a view to reaching an agreement or joint conclusions on a suitable level of limitation for  the category of products in question; (b)  pending a mutually satisfactory solution, the Commission shall, as a general rule, request  China to limit exports of the products in the category concerned to the Community, or to the region  or regions of the Community market specified by the Community for a provisional period of three  months from the date on which the request for consultation is made. Such provisional limit shall be  established at 25 % of the level of imports reached during the calendar year preceding that in  which imports exceeded the level resulting from the application of the formula set out in paragraph  2 and gave rise to the request for consultation or 25 % of the level resulting from the application  of the formula set out in paragraph 2, whichever is the higher; (c)  it may, pending the outcome of the requested consultations, apply to the imports of the  category of products in question quantitative limits identical to those requested of China pursuant  to point (b). These measures shall be without prejudice to the definitive arrangements to be made  by the Community, taking into account the results of the consultations. (d)  The Commission shall refer urgent cases to the Committee provided for in Article 16 within  five working days of receipt of the request from the Member State or States setting out the reasons  for urgency andtake a decision within five working days of the end of the Committee's  deliberations. (e)  Measures taken pursuant to this paragraph shall be the subject of a Commission communication  published without delay in the Offical Journal of the European Communities. The consultations with China which are provided for in paragraph 5 (a) may lead to the conclusion  of an arrangement between that country and the Community or the adoption of joint conclusions on  the introduction and level of quantitative limits. Such arrangements or joint conclusions shall stipulate that the quantitative limits agreed be  administered in accordance with a double-checking system. 7.  Should the Community and China be unable in the course of consultations to reach a satisfactory  solution within one month following the opening of consultations and, at the latest, within two  months following notification of the request for consultations, the Community shall have the right  to introduce a definitive quantitative limit at an annual level not lower than the level resulting  from the application of the formula set out in paragraph 2 or 106 % of the level of imports reached  during the calendar year preceding that in which imports exceeded the level resulting from the  application of the formula set out in paragraph 2 and gave rise to the request for consultations,  whichever is the higher. 8.  The arrangements provided for in paragraph 6 shall be concluded and the measures provided for  either in paragraphs 5 and 7 or in the arrangements or joint conclusions referred to in paragraph 6  shall be decided in accordance with the procedure laid down in Article 16. 9.  The annual level of the quantitative limits laid down in accordance with paragraphs 5 to 8 may  not be less than the level of imports into the Community or into the region or regions concerned in  1988, of products of the same category in China. 10.  Where the development of total imports into the Community of a product which is subject to a  quantitative limit fixed in accordance with paragraphs 5 to 8 renders it necessary, the annual  level of that quantitative limit shall be increased, after consultation with China, in accordance  with the procedure laid down in Article 15, to ensure compliance with the conditions set out in  paragraphs 2 and 3. 11.  The quantitative limits fixed in accordance with paragraphs 6 and 8 shall provide for an  annual growth rate determined by mutual agreement with China in the context of the consultation  procedure laid down in Article 15. 12.  The quantitative limits established pursuant to paragraphs 5 to 8 shall not apply to products  which have already been dispatched to the Community provided that they were shipped from China for  export to the Community before the date of notification of the request for consultations. 13.  The quantitative limits established pursuant to paragraphs 5 to 8 shall be administered in  accordance with Articles 3, 4, 6, 7, 9, 10 and 11, save as otherwise provided in accordance with  the procedure laid down in Article 16. Article 131.  For the textile products subject to the quantitative limits referred to in Article  3, Member States shall notify the Commission within the first 10 days of each month of the total  quantities, in the appropriate units and by category of products, for which import authorizations  have been issued during the preceding months. 2.  For the textile products referred to in Annex VI and originating in China, Member States shall  notify the Commission within the first 10 days of each month of the total quantities, in the  appropriate units and by category of products, for which import documents have been issued in  accordance with Article 4 (2) during the preceding month. For the textile products referred to in Annexes I and II, Member States shall notify the Commission  monthly, within 30 days of the end of each month, of the total quantities imported during that  month, indicating the combined nomenclature code and using the units and, where appropriate, the  supplementary units, used in that code. Imports shall be broken down according to the statistical  procedures in force. 3.  For products cited in paragraph 1 of Annex VI, Member States shall notify the Commission  monthly, within 30 days following the end of each month, of the best information available on the  total quantities imported during that month, in the appropriate units and by category of products. 4.  In order to enable market trends in the products covered by this Regulation to be monitored,  Member States shall communicate to the Commission, before 31 March each year, statistical data on  exports for the preceding year. The statistical data relating to the production and consumption of  each product shall be forwarded under arrangements to be determined subsequently pursuant to the  procedure laid down in Article 16. 5.  Where the nature of the products or particular circumstances so require, the Commission may, at  the request of a Member State or on its own initiative, alter the time limits for communicating the  abovementioned information under the procedure laid down in Article 16. 6.  Member States shall notify the Commission under conditions set in accordance with the procedure  laid down in Article 16 of all other particulars deemed under that procedure to be necessary in  order to ensure compliance with the obligations agreed between the Community and China. 7.  In the urgent cases referred to in Article 12 (5) (d), the Member State or States concerned  shall send the necessaryimport statistics and economic data to the Commission and the other Member  States by telex. Article 141.  Where, following the enquiries carried out in accordance with the procedures  established under Annex IV, the Commission notes that the information in its possession constitutes  proof that products originating in China and subject to the quantitative limits referred to in  Article 3 or introduced under Article 12 have been transhipped, re-routed or otherwise imported  into the Community through circumvention of such quantitative limits and that there is need for the  necessary adjustments to be made, it shall request that consultations be opened, in accordance with  the procedure described in Article 15, so that agreement may be reached on an equivalent adjustment  of the corresponding quantitative limits. 2.  Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask  China to take the necessary precautionary steps to ensure that adjustments to the quantitative  limits agreed on following such consultations may be carried out for the year in which the request  for consultations was lodged, or for the following year if the quantitative limit for the current  year is exhausted, where there is clear evidence of circumvention. 3.  If the Community and China fail to arrive at a satisfactory solution within the period  stipulated in Article 15 and if the Commission notes that there is clear evidence of circumvention,  it shall deduct from the quantitative limits an equivalent volume of products originating in China,  in accordance with the procedure laid down in Article 16. 4.  The agreements provided for in paragraph 1 shall be concluded and the measures provided for  either in paragraph 3 or in the agreements referred to in paragraph 1 shall be adopted in  accordance with the procedure laid down in Article 16. Article 151.  The Commission shall conduct the consultations referred to in the Regulation other  than those referred to in paragraph 2, in accordance with the following rules: - the Commission shall notify China of the request for consultations, - the request for consultations shall be followed within a reasonable period (and in any case not  later than 15 days following the notification) by a statement setting out the reasons and  circumstances which, in the Commission's opinion, justify the submission of such a request, - the Commission shall initiate consultations, within one month at the latest of notification of  the request, with aview to reaching agreement or a mutually acceptable conclusion within one  further month at the latest. 2.  The consultations referred to in Article 5 shall be governed by the following rules: - the Commission shall notify China of the request for consultations, together with a statement  setting out the reasons and circumstances which, in the Commission's opinion, justify the  submission of such a request, - the Commission shall initiate consultations within 15 days at the latest of notification of the  request, with a view to reaching agreement or a mutually acceptable conclusion within 15 days at  the latest. Article 161.  The Committee referred to in this Article shall, for the purpose and period of  application of this Regulation, be the Textile Committee set up under Article 15 of Regulation  (EEC) N° 4136/86. 2.  Where reference is made to the procedure laid down in this Article, the chairman, on his own  initiative or at the request of a Member State, shall refer the matter to the Committee. 3.  The Commission representative shall lay draft measures before the Committee. The Committee  shall deliver an opinion on the draft measures within a period which may be fixed by the chairman  in accordance with the degree of urgency of the matter. The Committee shall decide by the majority  specified in Article 148 (2) of the EEC Treaty for the adoption of acts by the Council on a  proposal from the Commission. In the case of votes within the Committee, the votes of Member  States' representatives shall be weighted in accordance with the abovementioned Article. The  chairman shall not vote. 4.  (a)  The Commission shall adopt the measures proposed where they are in conformity with the  Committee's opinion. (b)  Where the measures proposed are not in conformity with the Committee's opinion, or where no  opinion has been given, the Commission shall present to the Council, without delay, a proposal for  the measures to be taken. The Council shall act by a qualified majority. (c)  Should the Council fail to take a decision within one month of the date on which the proposal  was laid before it, the Commission shall adopt the proposed measures. 5.  The chairman may, on his own initiative or at the request of one of the Member States'  representatives, consult the Committee about any other matter relating to the operation of this  Regulation. Article 17The Member States shall inform the Commission forthwith of all measures taken pursuant  to this Regulation and of all laws, regulations or administrative provisions concerning  arrangements for importation of the products covered by this Regulation. Article 18Amendments to the Annexes to this Regulation which may be necessary to take into  account the conclusion, amendment or expiry of agreements with third countries or amendmentsmade  to Community rules on statistics, customs arrangements or common import arrangements shall be  adopted in accordance with the procedure laid down in Article 16. Article 19This Regulation shall enter into force on the day following its publication in the  Official Journal of the European Communities. It shall apply which effect from 1 January 1989 until 31 December 1992. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Luxembourg, 12 June 1989. For the CouncilThe PresidentF. FERNANDEZ ORDOÑEZ ANNEX I PRODUCTS REFERRED TO IN ARTICLE 1 (1) 1. When the constitutive material of the  products of categories 1 to 114 is not specifically mentioned, these products are to be taken to be  made exclusively of wool or of fine hair, of cotton or of man-made fibres. 2. Garments which are not recognizable as being garments for men or boys or as being garments for  women or girls are classified with the latter. 3. Where the expression 'babies' garments' is used, this is meant also to cover girls' garments up  to and including commercial size 86. GROUP I A >TABLE>GROUP I B >TABLE> GROUP II A >TABLE>GROUP II B >TABLE> GROUP III A >TABLE>(1)(2)(3)(4)(5)48(cont'd)ex 5107 20 51ex 5107 20  59ex 5107 20 91ex 5107 20 99ex 5108 20 10ex 5108 20 9049ex 5109 10 10ex 5109 10 90ex 5109  90 10ex 5109 90 90Yarn of sheep's or lambs' wool or of fine animal hair, put up for retail  sale50ex 5111 11 00ex 5111 19 10ex 5111 19 90ex 5111 20 00ex 5111 30 10ex 5111 30 30ex 5111  30 90ex 5111 90 10ex 5111 90 91ex 5111 90 93ex 5111 90 99ex 5112 11 00ex 5112 19 10ex 5112  19 90ex 5112 20 00ex 5112 30 10ex 5112 30 30ex 5112 30 90ex 5112 90 10ex 5112 90 91ex 5112  90 93ex 5112 90 99Woven fabrics of sheep's or lambs' wool or of fine animal hair51ex 5203 00  00Cotton, carded or combed53ex 5803 10 00Cotton gauze54ex 5507 00 00Staple artificial  fibres, including waste, carded, combed or otherwise processed for spinning55ex 5506 10 00ex  5506 20 00ex 5506 30 00ex 5506 90 10ex 5506 90 91ex 5506 90 99Synthetic staple fibres,  including waste, carded or combed or otherwise processed for spinning56ex 5508 10 90ex 5511 10  00ex 5511 20 00Yarn of staple synthetic fibres (including waste), put up for retail sale58ex  5701 10 10ex 5701 10 91ex 5701 10 93ex 5701 10 99ex 5701 90 10ex 5701 90 90Carpets,  carpetines and rugs, knotted (made up or not)(1)(2)(3)(4)(5)59ex 5702 10 00ex 5702 31  10ex 5702 31 30ex 5702 31 90ex 5702 32 10ex 5702 32 90ex 5702 39 10ex 5702 41 10ex 5702 41  90ex 5702 42 10ex 5702 42 90ex 5702 49 10ex 5702 51 00ex 5702 52 00ex 5702 59 00ex 5702 91  00ex 5702 92 00ex 5702 99 00ex 5703 10 10ex 5703 10 90ex 5703 20 11ex 5703 20 19ex 5703 20  91ex 5703 20 99ex 5703 30 11ex 5703 30 19ex 5703 30 51ex 5703 30 59ex 5703 30 91ex 5703 30  99ex 5703 90 10ex 5703 90 90ex 5704 10 00ex 5704 90 00ex 5705 00 10ex 5705 00 31ex 5705 00  39ex 5705 00 90Carpets and other textile floor coverings, other than the carpets of category  5860ex 5805 00 00Tapestries, hand-made, of the type Gobelins, Flanders, Aubusson, Beauvais and  the like, and needleworked tapestries (for example, petit point and cross stitch) made in panels  and the like by hand61ex 5806 10 00ex 5806 20 00ex 5806 31 10ex 5806 31 90ex 5806 32 10ex  5806 32 90ex 5806 39 00ex 5806 40 00Narrow woven fabrics, and narrow fabrics (bolduc) consisting  of warp without weft assembled by means of an adhesive, other than labels and similar articles of  category 62Elastic fabrics and trimmings (not knitted or crocheted), made from textile materials  assembled from rubber thread62ex 5606 00 91ex 5606 00 99Chenille yarn (including flock chenille  yarn), gimped yarn (other than metallized yarn and gimped horsehair yarn): ex 5804 10 11ex 5804 10 19ex 5804 10 90ex 5804 21 10ex 5804 21 90ex 5804 29 10ex 5804 29  90ex 5804 30 00Tulle and other net fabrics but not including woven, knitted orcrocheted fabrics,  hand or mechanically-made lace, in the piece, instrips or in  motifs(1)(2)(3)(4)(5)62(cont'd)ex 5807 10 10ex 5807 10 90Labels, badges and the like of  textile materials, not embroidered, in the piece, in strips or cut to shape or size, wovenex 5808  10 00ex 5808 90 00Braids and ornamental trimmings in the piece; tassels, pompoms and the likeex  5810 10 10ex 5810 10 90ex 5810 91 10ex 5810 91 90ex 5810 92 10ex 5810 92 90ex 5810 99 10ex  5810 99 90Embroidery, in the piece, in strips or in motifs63ex 5906 91 00ex 6002 10 10ex 6002  10 90ex 6002 30 10ex 6002 30 90ex 6001 10 00ex 6002 20 31ex 6002 43 19Knitted or crocheted  fabric of synthetic fibres containing by weight 5 % or more of elastomeric yarn and knitted or  crocheted fabric containing by weight 5 % or more of rubber threadRaschel lace and long-pile  fabric of synthetic fibres65ex 5606 00 10ex 6001 10 00ex 6001 21 00ex 6001 22 00ex 6001 29  10ex 6001 91 10ex 6001 91 30ex 6001 91 50ex 6001 91 90ex 6001 92 10ex 6001 92 30ex 6001 92  50ex 6001 92 90ex 6001 99 10ex 6002 10 10ex 6002 20 10ex 6002 20 39ex 6002 20 50ex 6002 20  70ex 6002 30 10ex 6002 41 00ex 6002 42 10ex 6002 42 30ex 6002 42 50ex 6002 42 90ex 6002 43  31ex 6002 43 33ex 6002 43 35ex 6002 43 39ex 6002 43 50ex 6002 43 91ex 6002 43 93ex 6002 43  95ex 6002 43 99ex 6002 91 00ex 6002 92 10ex 6002 92 30ex 6002 92 50Knitted or crocheted  fabric other than those of categories 38 A and 63, of wool, of cotton or of man-made  fibres(1)(2)(3)(4)(5)65(cont'd)ex 6002 92 90ex 6002 93 31ex 6002 93 33ex 6002 93  35ex 6002 93 39ex 6002 93 91ex 6002 93 9966ex 6301 10 00ex 6301 20 91ex 6301 20 99ex 6301  30 90ex 6301 40 90ex 6301 90 90Travelling rugs and blankets, other than knitted or crocheted, of  wool, of cotton or of man-made fibresGROUP III B >TABLE>  ANNEX II PRODUCTS REFERRED TO IN ARTICLE 13 (2) GROUP IV >TABLE> GROUP V>TABLE> ANNEX IIIQUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 (1) In the case of the Federal  Republic of Germany, 19 % of the quantitative limits prescribed in the Annex are reserved for use  at the Berlin Fair, with the exception of the following categories: 18, 23, 26, 67, 73, 76 and  83GROUP I A>TABLE>GROUP I B>TABLE> GROUP II A>TABLE>GROUP II B>TABLE> GROUP III A>TABLE>GROUP III B>TABLE> Appendix>TABLE> ANNEX IV referred to in Articles 2 (2) and 14 (1) PART IOriginArticle 11.   Products listed in Annex I, originating in China, may be imported into the Community in accordance  with the arrangements established by this Regulation on production of a certificate of origin  conforming to the specimen attached to Annex V. 2.  The certificates of origin shall be issued by the competent governmental authorities of China  if the products in question can be considered products originating in China within the meaning of  the relevant rules in force in the Community. 3.  However, products listed in Annex I other than those falling within groups I or II may be  imported into the Community in accordance with the arrangements established by the Regulation on  production of a declaration by the exporter or supplier on the invoice, or where there is no  invoice, on another commercial document relating to the products in question, to the effect that  the said products originate in China within the meaning of the relevant rules in force within the  Community. 4.  Where different criteria for determining origin are fixed in respect of products falling within  a single category and a single tariff heading, the certificate or declaration must include a  description of the goods which is sufficiently detailed to allow assessment of the criterion on the  basis of which the certificate was issued or the declaration made. Article 2The discovery of slight discrepancies between the entries made in the certificate of  origin and those made in the documents produced to the customs office for the purpose of carrying  out the formalities for importing the product shall not ipso facto cast doubt upon the statements  in the certificate. Article 31.  The certificates of origin form A and forms APR presented at the time of importation  into the Community in order to obtain a tariff preference shall be accepted in place of the proof  of origin stipulated in Article 1. 2.  The proof of origin referred to in Article 1 shall not be required where goods are accompanied  by a certificate conforming to the specimen and complying with the conditions set out in Annex VI  to this Regulation. 3.  Non-commercial imports exempt from production of the documents referred to in paragraph 1 in  accordance with the provisions of the preferential arrangements concerned shall not be subject to  the provisions of this Annex. 4.  The conditions upon which this Annex shall apply to non-commercial imports other than those  covered by paragraph 3 shall be adopted in accordance with the procedure specified in Article 14 of  Regulation (EEC) N° 802/68 (1), as last amended by Regulation (EEC) N° 3860/87 (2). Pending the implementation of these rules, the Member States may continue to apply the national  rules in force in this field. PART IIAdministrative cooperationArticle 4The Commission shall supply the Member States'  authorities with the names and addresses of the authorities in China competent to issue  certificates of origin and export licences together with specimens of stamps used by these  authorities. Article 51.  Subsequent verification of certificates of origin or export licences shall be  carried out at random, or whenever the competent Community authorities have reasonable doubt as to  the authenticity of the certificate of origin or export licence or as to the accuracy of the  information regarding the true origin of the products in question. In such cases the competent authorities in the Community shall return the certificate of origin or  the export licence or a copy thereof to the competent governmental authority in China giving, where  appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted,  such invoice or a copy thereof shall be attached to the certificate of origin or export licence or  copy thereof. The competent authorities shall also forward any information that has been obtained  suggesting that the particulars given on the said certificate or the said licence are inaccurate. (1) OJ N° L 148, 26. 6. 1968, p. 1. (2) OJ N° L 363, 23. 12. 1987, p. 3. 2.  The provisions of paragraph 1 above shall also be applicable to subsequent verifications of the  declarations of origin referred to in Article 1 (3) of this Annex. 3.  The results of the subsequent verificiations carriedout in accordance with paragraphs 1 and 2  shall be communicated to the competent authorities of the Community within three months at the  latest. The information communicated shall indicate whether the disputed certificate or licence or  declaration applies to the goods actually exported and whether the goods are eligible for export to  the Community under this Regulation. The competent authorities of the Community may also request  copies of all documentation necessary to determine the facts fully and, in particular, the true  origin of the goods (1). 4.  Should such verifications reveal abuse or major irregularities in the use of declarations of  origin, the Member State concerned shall inform the Commission of this fact. The Commission shall  pass the information on to the other Member States. As the request of a Member State or at the initiative of the Commission, the Committee on Origin  shall, as soon as possible and in accordance with the procedure specified in Article 13 or  Regulation (EEC) N° 802/68, examine whether it is desirable to require the production of a  certificate of origin, in accordance with Article 1 (1) and (2), in respect of the products  concerned. The decision shall be taken in accordance with the procedure specified in Article 14 of Regulation  (EEC) N° 802/68. 5.  Random recourse to the procedure specified in this Article shall not constitute an obstacle to  the release for home use of the products in question. Article 61.  Where the verification procedure referred to in Article 5 or where information  available to the competent authorities in the Community indicates that the provisions of this  Regulation are being contravened, the said authorities shall request China to carry out appropriate  enquiries or arrange for such enquiries to be carried out concerning operations which are or appear  to be in contravention of the provisions of this Regulation. The results of these enquiries shall  be communicated to the competent authorities of the Community together with any other pertinent  information enabling the true origin of the goods to be determined. 2.  In pursuance of the action taken under the terms of this Annex, the competent authorities of  the Community may exchange any information with the competent governmental authorities of China  which is considered of use in preventing the contravention of the provisions of this Regulation. 3.  Where it is established that the provisions of this Regulation have been contravened, the  Commission, acting according to the procedure laid down in Article 15 of this Regulation may agree  with China to take such measures as are necessary to prevent recurrence of such contravention. (1) For the purpose of subsequent verification of certificates of origin, copies of the  certificates as well as any export documents referring to them shall be kept for at least two years  by the competent governmental authority in China.  ANNEX V referred to in Articles 1 (2) and 9 (2) PART IClassificationArticle  1The classification of the textile products referred to inArticle 1 (1) of this Regulation is  based on the combined nomenclature. Article 2On the initiative of the Commission or of a Member State, the Nomenclature Committee  established by Council Regulation (EEC) N° 2658/87 (1) will examine urgently, in conformity with  the provisions of the aforementioned Regulation, all questions concerning the classification of  products referred to in Article 1 (1) of this Regulation within the combined nomenclature (CN) in  order to classify them in the appropriate categories. Article 3The Commission shall inform China of any changes in the combined nomenclature (CN) on  their adoption by the competent authorities of the Community. Article 4The Commission shall inform the competent authorities of China of any decisions adopted  in accordance with the procedures in force in the Community relating to the classification of  products subject to this Regulation, within one month at the latest of their adoption. Such  communication shall include: (a)  a description of the products concerned; (b)  the relevant category, and the combined nomenclature (CN) code; (c)  the reasons which have led to the Decision. Article 51.  Where a classification decision adopted in accordance with current Community  procedures results in a change of classification practice or a change in category of any product  subject to this Regulation, the competent authorities of the Member States shall provide 30 days'  notice, from the date of(1) OJ N° L 256, 7. 9. 1987, p. 1. the Community's notification, before the decision is put into effect. 2.  Products shipped before the date of the application of the decision shall remain subject to  earlier classification practice, provided that the goods in question are presented for importation  within 60 days of that date. Article 6Where a classification decision adopted in accordance with the established Community  procedures referred to inArticle 5 of this Annex involves a category of products subject to a  quantitative limit, the Commission shall, without delay, initiate consultations in accordance with  Article 15 of this Regulation, in order to reach an agreement on the necessary adjustments to the  relative quantitative limits provided for in Annex III to this Regulation. Article 71.  Without prejudice to any other provision on this subject, where the classification  indicated in the documentation necessary for importation of the products covered by this Regulation  differs from the classification determined by the competent authorities of the Member State into  which they are to be imported, the goods in question shall be provisionally subject to the import  regime which, in accordance with the provisions of this Regulation, is applicable to them on the  basis of the classification determined by the aforementioned authorities. 2.  Member States shall inform the Commission without delay of the cases referred to in paragraph 1  and the Commission shall notify the competent authorities of China of the details of the case in  question. 3.  Member States, at the time of the communication referred to in paragraph 2, shall specify if,  following the application of the provisions of paragraph 1, the quantities of the products which  are the subject of divergence have been provisionally debited against a quantitative limit laid  down for a category of products other than that indicated in the export licence referred to in  Article 11 of this Annex. 4.  The Commission shall notify the competent authorities of China of the provisional debits  referred to in paragraph 3, within 30 days of the date of such provisional debit. Article 8In the cases referred to in Article 7 of this Annex, as well as in those cases of a  similar nature raised by the competent authorities of China, the Commission, if necessary and  inaccordance with the procedure provided for in Article 15 of this Regulation, shall enter into  consultations with China, in order to reach agreement on the classification definitively applicable  for the products causing the divergence. Article 9The Commission, in agreement with the competent authorities of the Member State or  States of importation and of China, may, in the cases referred to in Article 8 of this Annex,  determine the classification definitively applicable to the products causing the divergence. Article 10When a case of divergence referred to in Article 7 cannot be resolved in accordance  with Article 9 of this Annex, the Nomenclature Committee is required, in accordance with the  provisions of the Regulation setting up the aforesaid Committee, to establish definitvely the  classification of the goods concerned. PART IIDouble-checking systemArticle 111.  The competent government authorities of China shall  issue an export licence in respect of all consignments of textile products subject to the  quantitative limits established in Annex III up to the level of the said limits and the  corresponding shares. 2.  The original of the export licence shall be presented by the importer for the purposes of the  issue of the import authorization (1) referred to in Article 14. Article 121.  The export licence shall conform to the specimen appended to this Annex and may  also contain a translation into another language. It shall certify ,inter alia, that the quantity  of goods in question has been set off against the quantitative limit and the share established for  the category of the product concerned. 2.  Each export licence shall cover only one of the categories of products listed in Annex III to  this Regulation. Article 13Exports shall be set off against the quantitative limits and shares established for the  year in which the products covered by the export licence have been shipped within the meaning of  Article 3 (3) of this Regulation. (1) In this Annex, the term 'import authorization' shall apply both to import authorization or  equivalent document referred to in Article 3 (2) of this Regulation. Article 141.  The authorities of the Member State designated on the export licence as the country  of destination of the goods concerned shall issue an import licence automatically 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 have been shipped. 2.  The import authorizations shall be valid for six months from the date of their issue. 3.  The import authorizations shall be valid only in the Member State which issued them. 4.  The importer's declaration or request to obtain the import authorization shall contain: (a)the names of the importer and exporter; (b)the country of origin of the products or, when different, the country of export or of  purchase; (c)a description of the products, including: - their commercial designation, - a description of the products in accordance with the combined nomenclature (CN) code; (d)the appropriate category and the quantity in the appropriate unit as indicated in Annex III to  this Regulation for the products in question; (e)the value of the products, as indicated in box 12 of the export licence; (f)where appropriate, dates of payment and delivery and a copy of the bill of lading and of the  purchase contract; (g)date and number of the export licence; (h)any internal code used for administrative purposes; (i)date and signature of importer. 5.  Importers shall not be obliged to import the total quantity covered by an import authorization  in a single consignment. Article 15The validity of import authorizations issued by the authorities of the Member States  shall be subject to the validity of and the quantities indicated in the export licences issued by  the competent authorities of China on the basis of which the import authorizations have been  issued. Article 16Import authorizations or equivalent documents shall be issued without discrimination to  any importer in theCommunity wherever the place of this establishment may be in the Community,  without prejudice to compliance with the other conditions required under current rules. Article 171.  If the competent authorities of a Member State find that the total quantities  covered by export licences issued by China for a particular category in any agreement year exceed  the share established for that category, the said authorities shall suspend the further issue of  import authorization or documents. In this event, these authorities shall immediately inform the  authorities of China and the Commission, andthe special consultation procedure set out in Article  15 ofthis Regulation shall be initiated forthwith by the Commission. 2.  Exports of China not covered by export licences issued in accordance with the provisions of  this Annex shall be refused the issue of import authorization or documents by the competent  authorities of a Member State. However, if in exceptional cases the import of such products is allowed into a Member State by the  competent authorities, the quantities involved shall not be set off against the appropriate share  without the express agreement of the competent authorities of China. PART IIIForm and production of export certificates and certificates of origin, and common  provisionsArticle 181.  The export licence and the certificate of origin may comprise additional  copies duly indicated as such. They shall be made out in English or French. If they are completed  by hand, entries must be in ink and in printscript. These documents shall measure 210 × 297 mm. The  paper used must be white writing paper, sized, not containing mechanical pulp and weighing not less  than 25 g/m$. Each part shall have a printed guilloche pattern background making any falsification  by mechanical or chemical means apparent to the eye. If the documents have several copies only the top copy, which is the original, shall be printed  with the guilloche pattern background. This copy shall be clearly marked as 'original' and the  other copies as 'copies'. Only the original shall be accepted by the competent authorities in the  Member Statesas being valid for the provisions of export in accordance with the provisions of this  Regulation. 2.  Each document shall bear a standardized serial number, whether or not printed, by which it can  be identified. 3.  This number shall be composed of the following elements: -two letters identifying China as follows: CN, -two letters identifying the Member State of destination as follows: BL= BeneluxDE= Federal Republic of GermanyDK= DenmarkEL= GreeceES = SpainFR= FranceGB=  United KingdomIR= IrelandIT= ItalyPT= Portugal, -a one-digit number identifying the quota year, corresponding to the last figure in the respective  Agreement year, e.g. 9 for 1989, -a two-digit number identifying the particular issuing office concerned in the exporting country, -a five-digit number running consecutively from 00001 to 99999 allocated to the respective Member  State of destination. Article 19The export licence and the certificate of origin may be issued after the shipment of  the products to which they relate. In such cases they shall bear the endorsement 'délivré à  posteriori' or 'issued retrospectively'. Article 20In the event of theft, loss or destruction of an export licence or a certificate of  origin, the exporter may apply to the competent governmental authority which issued the document  for a duplicate to be made out on the basis of the export documents in his possession. The  duplicate licence or certificate issued in this way shall bear the endorsement 'duplicata' or  'duplicate'. The duplicate shall bear the date of the original licence or certificate.  ANNEX VI referred to in Article 4 (1) Cottage industry and folklore products1.  The  exemption provided for in Article 4 (1) of the Regulation in respect of the cottage industry  products shall apply only to the following products: (a)  fabrics woven on hand- or foot-operated looms, being fabrics of a kind traditionally made in  the cottage industry of China; (b)  garments or other textile articles of a kind traditionally made in the cottage industry of  China obtained manually from the fabrics referred to above and sewn exclusively by hand without the  aid of any machine; (c)  traditional folklore textile products of China made by hand in the cottage industry of China  as defined in a list agreed between both parties, and contained in the Annex to Protocol B to the  Agreement. 2.  Exemption shall be granted only for products accompanied by a certificate issued by the  competent Chinese authorities in accordance with the specimen attached to this Annex. Such  certificates shall state the grounds on which exemption is based and shall be accepted by the  competent Community authorities provided that they are satisfied that the products concerned  conform to the conditions set out in Protocol B to the Agreement. Certificates covering the  products referred to in paragraph 1 (c) shall bear a conspicuous stamp: 'FOLKLORE'. In case of  divergent opinion between China and the competent Community authorities at the point of entry into  the Community as to the nature of such products, consultations shall be held within one month with  a view to resolving such divergences. Should imports of any of the above products reach such  proportions as to cause difficulties to the Community, the two Parties shall open consultations  forthwith in accordance with the procedure laid down in Article 16 of the Agreement with a view to  finding a quantitative solution to the problem.  ANNEX VII referred to in Article 6 (3) Outward processing trafficArticle  1Re-imports into the Community of textile products referred to in the table attached to this  Annex, effected in accordance with the Regulations on economic outward processing in force in the  Community, shall not be subject to the quantitative limits referred to in Article 3 of the  Regulation where they are subject to specific quantitative limits given in the table and have been  re-imported into the Member State concerned after processing in China. Article 2The specific Community quantitative limits laid down in the table attached to this Annex  shall be broken down by Member State in accordance with the procedure laid down in Article 16 of  the Regulation. Article 3Re-imports not covered by this Annex may be subject to specific quantitative limits in  accordance with the procedure laid down in Article 16 of the Regulation, provided that the products  concerned are subject to the quantitative limits laid down in Article 3 of this Regulation. Article 41.  Transfers between categories and advance use or carry-over of portions of specific  quantitative limits from one year to another may be carried out in accordance with the procedure  laid down in Article 16 of the Regulation. 2.  However, the competent authorities in the Member States may carry out automatic transfers  within the following limits: - transfer between categories for up to 20 % of the share established for the category to which the  transfer is made, - carry-over of a specific quantitative limit from one year to another for up to 10,5 % of the  share established for the actual year of utilization, - advance use of the specific quantitative limits for up to 7,5 % of the share established for the  actual year of utilization. 3.  Portions of any specific quantitative limits not used in one Member State may be reallocated to  another Member State in accordance with the procedure laid down in Article 16 of the Regulation. 4.  Member States which find that they need additional imports or which consider that their share  is unlikely to be used in full shall inform the Commission thereof. They may ask that the specific  quantitative limits be adjusted in accordance with the procedure laid down in Article 16 of the  Regulation. 5.  The Commission shall inform China of any measures taken pursuant to the preceding paragraphs. Article 5Debiting against a specific quantitative limit as laid down in Article 1 shall be  carried out by the competent authorities of the Member States at the time of issue of the prior  authorizations provided for in the Regulation on economic outward processing in force in the  Community. A specific quantitative limit shall be debited for the year in which the prior  authorization is issued. Article 6The certificate of origin shall be issued by the competent governmental authorities in  the supplier country concerned, in accordance with the Community legislation in force and the  provisions of Annex IV for all products covered by this Annex. Article 7The competent authorities of the Member States shall supply the Commission with the  names and addresses of the authorities in the Member States competent to issue the prior  authorizations referred to in Article 4 together with specimens of the stamp impressions used by  them. Appendix  The product descriptions set out in Annex I are repeated in this table in a  shortened version(Quantitative outward processing trade objectives)>TABLE>