CELEX: 51997PC0104
Language: en
Date: 1997-03-12
Title: Proposal for a Council Regulation (EC) amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 12.03.1997
                                                    COM(97) 104 final
                                                    97/0086 (ACC)
                                   Proposal for a
                         COUNCIL REGULATION (EC)
amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports
                              from certain third countries
                          (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                   Explanatory Memorandum
On 29 January 19971 the Commission forwarded to the Council a report on the
quantitative quotas and surveillance measures, applicable to certain non-textile products
originating in the P. R. of China, introduced under Council Regulation (EC) No 519/94
of 7 March 19942, last amended by Regulation (EC) No 1897/96 of 1 October 19963.
The attached proposal contains the practical amendments to Regulation (EC) No 519/94
stemming from the conclusions drawn by the Commission in that report:
        abolition of the quota on Glass tableware (CN code 7013) (this product being
        however subjected to surveillance measures);
        exclusion of "parts and accessories of toys" from the quota on Toys (CN codes
        9503 41 + 9503 49 + 9503 90);
        abolition of surveillance measures on 4 products of which imports in 1995 were
        negligible or down on 1994 (certain food preparations, certain glass products, not
        alloyed zinc and car radios).
1       COM (97) 11
2       OJ L 67, 10.3.1994, p.89.
3       OJL 250, 2.10.1996, p. 1.
 ---pagebreak---                                          Proposal for a
                                Council Regulation (EC) No ...797
                                           of... 1997
amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports
                                   from certain 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 (EC) No 519/94 of 7 March 1994' on common rules for
imports from certain third countries, as last amended by Regulation (EC) No 1897/96 of
1 October 19962, introduced in respect of the People's Republic of China the quotas listed
in Annex II to this Regulation and surveillance measures listed in Annex III thereto;
Whereas in establishing the quotas, the Council's objective was to strike a balance
between an appropriate level of protection for the Community industries concerned and
maintenance of an acceptable level of trade with the P. R. of China, taking into account
the various interests in play;
Whereas analysis of the main economic indicators, in particular the volume and market
share of Chinese imports, leads to the conclusion that the quota on glass tableware falling
within HS/CN code 7013 should be abolished and that such abolition would be neither
inconsistent with the above objective nor liable to disrupt the Community market;
Whereas the products in respect of which the quota is abolished by this Regulation
should, however, be subject to prior Community surveillance; in order to ensure adequate
monitoring of the volume and prices of the imports of the products concerned;
Whereas the quota on toys falling within HS/CN code 9503 41, 9503 49 and 9503 90
includes parts and accessories of toys; whereas in light of the experience of the
Community producers the effects of this inclusion go beyond what is necessary for the
appropriate protection of the Community industry concerned; whereas parts and
accessories of toys should therefore be excluded from the quota;
 1 0 J L 6 7 , 10.3.1994, p. 89
2OJL250, 2.10.1996, p. 1.
                                                3- O-
 ---pagebreak--- Whereas it is no longer considered necessary to maintain surveillance measures on a
range of products of which the imports in 1995 were negligible or lower than in 1994 and
they should be removed from the list of products subject to surveillance measures;
Whereas the quantitative quotas and the surveillance measures introduced under
Regulation (EC) No 519/94 should therefore be amended,
HAS ADOPTED THIS REGULATION:
                                         Article 1
Annex II to Regulation (EC) No 519/94 shall be replaced by the Annaex which appears in
Annex I to this Regulation.
                                         Article 2
Annex EI to Regulation (EC) No 519/94 shall be replaced by the Annex which appears in
Annex,II to this Regulation.
                                         Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal
of the European Communities. It shall be applicable from 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
 ---pagebreak---                                                      ANNEX I
                                                     ANNEX II
                     List of quotas for certain products originating in China
        Description of products                         HS/CN Code                        Quotas
                                                                                      (annual basis)
                                                                                                    pairs
Footwear falling within HS/CN codes                     ex 6402 99(')              39 151 481
                                                                                                    pairs
                                                        6403 51                     2 795 000
                                                        6403 59
                                                        ex 6403 9K1)               12 120 000       pairs
                                                        ex6403 99(!)
                                                        ex 6404 11 (2)              18 228 780       pairs
                                                                                                    pairs
                                                        6404 19 10                 31897 716
Tableware, kitchenware of porcelain                     691110                          45 800      tonnes
or china falling within HS/CN code
Ceramic tableware, kitchenware,                          6912 00                        34 650      tonnes
other than of porcelain or china
falling within HS/CN code
Toys falling within HS/CN codes                          ex 9503 41 (3)
                                                         ex9503 49(3)           1056 996 632        ECU
                                                        ex 9503 90(3)
 (1) Excluding footwear involving special technology: shoes which have a cif price per pair of not less than
     ECU 9 for use in sporting activities, with a single- or multi-layer moulded sole, not injected,
     manufactured from synthetic materials specially designed to absorb the impact of vertical or lateral
     movements and with technical features such as hermetic pads containing gas or fluid, mechanical
     components which absorb or neutralize impact or materials such as low-density polymers.
 (2) Excluding:
     (a) footwear which is designed for a sporting activity and has, or has provision for the attachment of,
         spikes, sprigs, stops, clips, bats or the like, with a non-injected sole;
     (b) footwear involving special technology: shoes which have a cif price per pair of not less than ECU 9
         for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured
         from synthetic materials specially designed to absorb the impact of vertical or lateral movements and
         with technical features such as hermetic pads containing gas or fluid, mechanical components which
         absorb or neutralize impact or materials such as low-density polymers.
 (3) Excluding parts and accessories
 ---pagebreak---                                                     ANNEX II
                                                     ANNEX III
                   List of products originating in the People's Republic of China
                                    subject to Community surveillance
Description                                                                         HS/CN code
Ammonium chloride                                                                   2827 10
Other polyhydric alcohols of CN code                                                2905 49 90
Citric acid                                                                         2918 14
Tetracyclines and their derivatives                                                 ex 2941 30
Chloramphenicol                                                                     ex 2941 40
Basic dyes and preparations based thereon                                           3204 13
Vat dyes and preparations based thereon                                             3204 15
Fireworks, signalling flares, rain rockets, fog signals
and other pyrotechnic articles                                                      3604
Polyvinyl alcohol                                                                   3905 30
Footwear falling within HS/CN codes                                                 6402 19
                                                                                    ex 6402 99° >
                                                                                    6403 19
                                                                                    ex6403 91 (1)
                                                                                    ex 6403 99 (,)
                                                                                    ex6404 11(2)
Ornamental ceramic articles of porcelain                                            ex 6913 10
Glassware falling within HS/CN code                                                 7013(3>
Toys falling within HS/CN codes                                                     9503 30
Puzzles                                                                             9503 60
Parts and accessories of toys falling within HS/CN code                             ex 9503 41
                                                                                    ex 9503 49
                                                                                    ex 9503 90
Playing cards                                                                       9504 40
Articles falling within HS/CN codes                                                 9603 29
                                                                                    9603 30
                                                                                    9603 40
                                                                                    9603 90
(1) Footwear involving special technology: shoes which have a cif price per pair of not less than ECU 9 for
    use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from
    synthetic materials specially designed to absorb the impact of vertical or lateral movements and with
    technical features such as hermetic pads containing gas or fluid, mechanical components which absorb
    or neutralize impact or materials such as low-density polymers
(2) (a) Footwear which is designed for a sporting activity and has, or has provision for the attachment of,
        spikes, sprigs, stops, clips, bats or the like, with a non-injected sole;
    (b) Footwear involving special technology; shoes which have a cif price per pair of not less than ECU 9
        for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured
        from synthetic materials specially designed to absorb the impact of vertical or lateral movements and
        with technical features such as hermetic pads containing gas or fluid, mechanical components which
        absorb or neutralize impact or materials such as low-density polymers'.
(3) Excluding glass-fronted clip-frames, consisting of a mechanically-gathered glass sheet with worked
    edges, a printed paper sheet and a piece of hardboard to support the picture, held together by clips of
    base metal'.
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 104 final
                                             DOCUMENTS
EN                                                                       11 02
                                    Catalogue number : CB-CO-97-092-EN-C
                                                             ISBN 92-78-16693-6
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