CELEX: 51994PC0443
Language: en
Date: 1994-10-20
Title: Proposal for a COUNCIL REGULATION (EC) amending for 1994 the level of the quantitative limits applicable to imports of certain textile products originating in China and listed in Annex IV to Council Regualtion (EC) No 517/94 of 7 March 1994 om common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                   C0M(94) 443 final
                                                   Brussels, 20.10.1994
                                                   94/0239 (ACC)
                                 Proposal     for  a
                           COUNCIL REGULATION (EC)
      amending for 1994 the level of the quantitative limits applicable
                      to imports of certain textile products
                            originating in China and
         listed in Annex IV to Council Regulation (EC) No 517/94
                                of 7 March 1994
               on common rules for imports of textile products
      from certain third countries not covered by bilateral agreements,
                        protocols or other arrangements,
                  or by other specific Community import rules
                        (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM                                               z
Subject:       Proposal for a Council Regulation modifying, for the year 1994, the level of
              quantative limits applicable to the import of certain textile products
             originating in China, which are specified in Annex IV of Council Regulation
             (EC) no. 517/94 of 7 March 1994 on common rules for imports of textile
             products from certain third countries not covered by bilateral agreements,
             protocols, or other arrangements, or by other specific Community import
             rules.
Annex IV of Council Regulation (EC) no. 517/94 of 7 March 1994 (on common rules for
imports of textile products from certain third countries not covered by bilateral
agreements, protocols, or other arrangements, or by other specific Community import
rules) placed quantative restrictions on imports of a limited number of textile products
originating in China; each of these quotas reflects the particular sensitivity of the different
sectors of the Community textile industry to Chinese imports.
When settling the level of these quotas the Council endeavoured to find a certain balance
between protection for the concerned sectors of Community industry and maintaining an
acceptable level of trade with China.
However, several Member States, following the implementation of these quotas
determined that this balance had not been attained in an entirely satisfactory manner, in so
far as disruptions have occurred in trade with China affecting the activities and
profitability of certain Community economic sectors involved in importing the products
concerned.
The Commission, in order to facilitate the transition between the former and current
import regimes, has proposed to the Committee established by Regulation (EC) n°
517/94 exceptional quota increases only for 1994, in order not to hinder the current
bilateral negotiations with China, as indicated in the first Article of the proposal. These
increases represent 25% of all (textiles) quotas created relative to China. These additional
amounts are to be allocated to importers under the provisions of Article 17 of the Council
Regulation according to the order in which notification is received from the Member
States of the requests for import authorisation;
The draft measures submitted by the Commission to the Committee have not received a
favourable opinion of the Committee (absence of a qualified majority). In the absence of
opinion, the Article 25, paragraph 4, procedure foresees that the Commission will submit
to the Council, without delay, a proposal concerning measures to be taken.
The Council is therefore asked to adopt the following draft regulation which contains the
initial proposal of the Commission as submitted to the Committee established by
Regulation (EC) n° 517/94.
 ---pagebreak---                                                                                         3
                                         Proposal for a
                               Council Regulation (EC) No .../94
                amending for 1994 the level of the quantitative limits applicable
                              to imports of certain textile products
                                    originating in China and
                  listed in Annex IV to Council Regulation (EC) No 517/94
                                        cC7Mareàl994
                        on common rules for imports of textile products
               from certain third countries not covered by bilateral agreements,
                                protocols or other arrangements,
                          or hf other specific Community import mtes
THE COUNCIL OF THE EUROPEAN BNION,
Having regard to the Treaty establishing the European Comnwmiry, and in particular
Article 113 thereof;
Having regard to Council Regulation (EC) No 517/94 on common rules for imports of
textile produas from certain third countries not covered by bilateral agreements, protocols
or other arrangements, or by other specific Community import rules, and in particular
Article 5 in conjunction with Article 25(4) thereof1)
Having regard to the Commission proposal,
Whereas the Council, by Regulation (EC) No 517/94, imposed Community-level
quantitative limits on imports of certain textile products originating in China because of
tie sensitivity of the relevant sectors of the Community textile industry,
Whereas the Council, in setting the level of these quotas, endeavoured to find a certain
balance between providing the requisite protection for the relevant sectors of the
Community textiles industry and maintaining an acceptable level of trade with China;
Whereas the introduction of the quotas and their implementation on the basis of the
administrative rules laid down in Regulation (EC) No 517/94 have given rise to complaints
from some Member States that this balance has not been satisfactorily achieved for 1994
since disturbances in trade with China have affected the business and profits of certain
sectors of the Community economy engaged in the importation, marketing and processing
of the products in question;
Whereas, in view of this, and in order to facilitate the transition between the previous rules
for imports and those established under Regulation (EC) No 517/94, the Commission has
considered it appropriate to adapt the levels of these quotas by increasing them
appropriately for the year 1994 based in particular on the quantitative requirements
transmitted by the Member States, taking into account the objective of the Commission
which remains the conclusion of a bilateral agreement with the People's Republic of China
for all the products concerned which, by changing the present regime into a conventional
regime, should give guarantees concerning the supply of Chinese raw materials at
acceptable price conditions.
l
  )OJn°L67, 10.3.1994, p. 1
 ---pagebreak---                                                                                     y
Whereas it should be reiterated that the amounts by which the quotas for 1994 are to be
increased are subject to the administrative rules laid down in Regulation (EC) No 517/94
and will therefore be allocated by the Commission, in accordance with Article 17(1) and
(2) of that Regulation, in the order in which notification is received from the Member
States of the requests for import authorization from the date of entry into force of this
Regulation;
Whereas, in order to ensure optimal utilization of the quantities confirmed under this
Regulation, the validity of the import permits should be fixed at ninety days from the date
of issue by the Member States;
Whereas these measures have not received a favourable opinion of the Committee
established under Council Regulation (EC) n° 517/94 and Article 25, paragraph 4 of the
said Regulation foresees that if the proposed measures are not in conformity with the
opinion of the Committee or in the absence of an opinion of the Committee, the
Commission shall present to the Council, without delay, a proposal for the measures to be
taken.
HAS ADOPTED THIS REGULATION:
                                             Article 1
Annex IV to Regulation (EC) No 517/94 shall be amended for the year 1994 as follows in
respect of products originating in China and falling within categories ex 18, ex 20, ex 78,
 115, 117, 118, 120, ex 136, 156, 157, 159 and 161:
                                            Annex IVA
                       The product descriptions of the above categories
                 are to be found in Annex IA to Regulation (EC) No 517/94
              Category              Unit       Exceptional additional amounts for 1994
              ex 1811)              tonnes                150
              ex 201)               tonnes                 10
              ex 78 )               tonnes                 10
              115                   tonnes                200
              117                   tonnes                100
              118                   tonnes                 60
              120                   tonnes                 60
              ex 1361),2)           tonnes                30
              156                   tonnes                800
              157                   tonnes               1 600
              159                   tonnes               1200
              161                   tonnes               1 550
') Categories marked by "ex" cover products other than those of wool orfinehairs,
    cotton or synthetic or artificial textile materials.
2
 ) This category covers only woven fabrics and other silk products other than
    unbleached, scoured or bleached products falling within CN codes 5007 20 19,
     5007 20 31, 5007 20 39, 5007 20 41, 5007 20 59, 5007 20 61, 5007 20 69,
    5007 20 71, 5007 90 30, 5007 90 50 and 5007 90 90.
 ---pagebreak---                                                                                         s~
                                            Article 2
From the date of entry into force of this Regulation, the additional quota amounts for the
year 1994 will, in accordance with Article 17(1) and (2) of Council Regulation (EC)
No 517/94, be allocated in the chronological order in which notification of the requests for
import authorization is received from the Member States.
                                           Article 3
The import authorizations issued by the Member States' competent authorities shall be
valid for ninety days from the date of issue.
                                           Article 4
This Regulation shall enter into force on the day after that of 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.
 ---pagebreak---                                                                    C     ISSN 0254-1475
                                                                  COM(94) 443 final
                                                         DOCUMENTS
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                                   Catalogue number : CB-CO-94-463-EN-C
                                                                ISBN 92-77-81165-X
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