CELEX: 51994PC0646
Language: en
Date: 1994-12-14
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COH(94) 646 final
                                             Brussels, 14.12.1994
                                             94/0311 (ACC)
                               Proposal for a
                          COUNCIL REGULATION (EC)
         amending Regulation (EC) No 519/94 of 7 March 1994
      on common rules for imports from certain third countries
  and repealing Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           Explanatory memorandum
                                                        a> •
 1. The accession of new Member States to the European Union calls for
    adjustments in the quantitative quotas introduced by Council
    Regulation (EC) No 519/94 of 7 March 1994 on imports of certain
    sensitive products originating      in China.1 continuity     in the
    acceding countries traditional trade flows for products subject to
    quotas should be ensured, without adversely affecting the community
    industry.
    such adjustments should be carried out on the basis of these
    countries' imports for 1993, the most recent year for which full
    statistical records are available, which may be considered as
    representative of traditional trade flows, particularly in view of
    the fact that imports in these countries have been allowed to develop
    without being subject to quantitative restrictions.
    It should be noted that the adjustments do not entail an increase in
    the quotas in real terms. Quite simply, they mirror the current
    position in traditional trade between the Community, the acceding
    countries and the People's Republic of China.
2. The experience gained in implementing and administering the quotas
    applicable in 1994, together with a review of the situation of the
    Community industry concerned, suggest that certain quotas could
    actually be increased without weakening the protection afforded to
    the Community industry (eg. 3% for porcelain goods, 17.63% for
    ceramic goods, 19.76% for glassware and about 4% on average for the
    toys quotas, including the increases proposed in COM(94)312).
    The same does not apply to footwear quotas, for which, in general,
    an increase would not be justified beyond that required by the
    accession of the new Member States. However, analysis of the sector
    shows that it is possible to expand the range of the sports shoes
    already exempted from quotas, to include certain footwear designed
    exclusively for sporting activities; consequently, the quotas
    covering the products falling within CN codes ex 6402 19 and ex 6403
    19 should be eliminated, and the mention of the 12 ecu CIF price
    condition should be modified in the definition of the footwear
    involving special technology.
3. It is proposed therefore to modify the quotas applicable in 1995 as
    shown in the annex to the Regulation attached. To ensure maximum
    transparency in the way the quotas concerned are increased, the
    proportion of increase by reason of accession should be shown.
    In addition, as is customary practice in the Community, it is only
    fair to exempt goods en route   for one of the acceding countries on
    31 December 1994, and for which the destination cannot be changed,
    from application of the quotas ("shipping clause").
Accordingly, a draft regulation is attached for approval.
1   OJ No L 67, 10.3.1994, p.89.
 ---pagebreak---                                         Draft
                             Council Regulation      (EC)
             amending Regulation (EC) No 519/94 of 7 March 1994
         on common rules for imports from certain third countries
    and repealing Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83
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       and    repealing
Regulations     (EEC) No 1765/82,     (EEC) No 1766/82 and        (EEC) No 3420/83, 1
as amended by Regulation        (EC) No 1921/94 of 25 July 1994, 2          introduced
certain   quantitative     quotas,   listed   in Annex II      to   that   Regulation,
applicable to the People's Republic of China;
Whereas    in    accordance   with    Article 2    of    the   Act    concerning    the
conditions of accession of Norway, Austria, Finland and Sweden and the
adjustments    to the Treaties on which the Union            is founded,      hereafter
referred    to   as  the  Act   concerning   the   accession,      these   quotas   are
applicable to the acceding countries, subject to and on the date of the
entry   into    force  of   the   Treaty   concerning     the   accession     of  those
acceding countries; whereas in accordance with Article 169 of the Act,
the   Community     institutions    may   make  the    necessary      adaptations    to
Community     acts   which   have   not   been   provided     for    in   the   Act  of
accession;
Whereas the Council, in determining the level of the quotas referred to
above, endeavoured to strike a balance between adequate protection of
the Community industries concerned and the need to preserve traditional
trade  flows with the People's Republic          of China, bearing        in mind   the
various interests of the parties concerned;
Whereas with a view to accession this balance should be preserved                    by
ensuring continuity in the acceding countries*s traditional trade flows
for the products concerned, without prejudice to the protection of the
Community industry;
1   OJ No L 67, 10.3.1994, p.89
2   OJ No L 198, 30.7.1994, p.l
 ---pagebreak---                                         - 2
Whereas, to tîiis end, it should be borne in mind that imports of the
products concerned have developed in each of the acceding countries
without the constraints imposed by quantitative restrictions, whereas
imports    recorded    in   1993   -  the  most    recent   year     for which    full
statistical     records    are   available    -   may   be   considered     as  being
representative of the pattern of traditional trade;
Whereas in the circumstances, subject to and on the date of entry into
force   of   the   Treaty    concerning   the   accession     of  Norway,    Austria,
Finland and Sweden, the levels of quotas established on an annual basis
pursuant to Regulation (EC) No 519/94 should be adjusted by addition of
the  quantities     shown    in the    Annex   to   this   Regulation,     which   are
equivalent to imports recorded in 1993;
Whereas,     in   addition,     the    experience     gained     in    applying    and
administering the 1994 quotas together with a review of the situation
of the various Community producers based on available data concerning
the main economic indicators, and in particular production, exports,
imports, consumption and employment levels, suggest that some of these
quotas could be increased; whereas such increases may be introduced
while guaranteeing the necessary level of protection for the Community
industry and ensuring a more appropriate volume of trade with China;
whereas   the    same   does   not   hold  in   respect    of   quotas    imposed   on
footwear, which should not be increased beyond the quantities required
by reason of the accession of the new Member States;
Whereas, however, Council Regulation (EC) No 519/94 had excluded from
the   application     of   any   quantitative      restrictions      certain   sports
footwear involving special technology; whereas in-depth analysis of the
sector   shows that the range of such            footwear which may be         freely
imported without causing prejudice to the Community                 industry can be
expanded; whereas the quotas covering the products falling within CN
codes ex 6402 19 and ex 6403 19 should be eliminated and the mention of
the CIF price condition figuring in the definition of the footwear
involving     special    technology     should    be   modified;      whereas   these
products should however be subject to prior Community surveillance, and
Annex III to Regulation (EC) No 519/94 should accordingly be amended;
 ---pagebreak---                                  - 3 -
Whereas, therefore, from 1 January 1995, subject to the entry      into
force on that date of the Treaty of accession to the European Union of
Norway, Austria, Finland and Sweden as regards the adjustments required
by it, the quantitative quotas introduced by Regulation (EC) No 519/94
should be modified as shown in the Annex to this Regulation;
whereas quotas should not apply to products en route    for one of the
acceding countries on 31 December 1994 where their destination cannot
be changed,
HAD ADOPTED THIS REGULATION:
                               Article 1
As from 1 January 1995 Annex II to Regulation (EC) No 519/94 shall be
replaced by the Annex to this Regulation.
                               Article 2
The text concerning footwear in Annex III to Regulation (EC) No 519/94
is hereby replaced by the following :
"Footwear falling within HS/CN codes   6402 19
                                       ex 6402 99 (1)
                                       6403 19
                                       ex 6403 91 (1)
                                       ex 6403 99 (1)
                                       ex 6404 11 (1)
(1) a)  footwear which is designed for a sporting activity and has, or
        has provision  for the attachment of spikes, sprigs, stops,
        clips, bars or the like, with a non-injected sole;
 ---pagebreak---                                        - 4 -
    b)   footwear involving special technology : shoes
         -    with in-soles of a length of less than 24 cm and which have
              a cif price per pair of not less than ECU 6
              with in-soles of a length of 24 cm or more and which have a
              cif price per pair of not less than ECU 8
         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."
                                    Article 3
Products    en   route     for   either   Austria,  Finland    or  Sweden   on
31 December 1994 shall not be subject to the quotas listed in the Annex
to this Regulation and may therefore be freely imported, where their
destination cannot be changed.
                                    Article 4
This Regulation shall enter into force on 1 January 1995.
                       )
             This Regulation shall be binding in its entirety
               and directly applicable in all Member States.
Done at Brussels,
 ---pagebreak---                                                                                                                 r
                                                         ANNEX
                                                       Annex II
                List of quota for certain products originating in China.
       Product                                                      Quotas                  of which by reason
       description                    CN code                 (annual basis)                    of accession
Gloves                                4203 29               ECU 119.090.934                    ECU 22.140.267
Footwear falling                  ex 6402 99(1)             39.151.481 pairs                    4.151.481 pairs
within HS/CN codes
                                      6403 51                 2.740.116 pairs                       240.116 pairs
                                      6403 59
                                  ex 6403 91(1)             11.881.963 pairs                     1.955.963 pairs
                                  ex 6403 99(1)
                                  ex 6404 11(1)             18.228.780 pairs                     1.378.780 pairs
                                      6404 19 10            31.897.716 pairs                    2.845.716 pairs
Tableware,
kitchenware of
porcelain or china                    6911 10                     44.345 tonnes                        3.893 tonnes
Ceramic tableware                     6912 00                     34.592 tonnes                        2.377 tonnes
or kitchenware
Glassware of a kind
used for table, etc.                  7013                        15.515 tonnes                        1.906 tonnes
Car radios falling                    8527 21                 2.238.899 units                       138.899 units
within HS/CN codes                    8527 29                    251.664 units                        19.587 units
Toys falling within                   9503 41             ECU 274.764.243                      ECU 16.447.910
HS/CN codes                           9503 49             ECU 132.767.177                      ECU 11.110.177
                                      9503 90             ECU 649.465.212                      ECU 44.714.212
 (1)    Excluding        :
        a)     footwear       which is designed             for a sporting         activity       and has,        or
        has provision           for the attachment             of spikes,       sprigs,      stops,        clips,
        bars or the like,             with a non-injected               sole;
        b)    footwear        involving        special      technology        : shoes
              with in-soles           of a length         of less      than 24 cm and which have a
              cif    price      per pair       of not leas        than ECU 6
              with in-soles           of a length         of 24 cm or more and which have a cif
              price     per pair        of not less         than ECU 8
        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.
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(94) 646 final
                                                     DOCUMENTS
EN                                                                         1102
                                Catalogue number : CB-CO-94-675-EN-C
                                                            ISBN 92-77-83988-0
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