CELEX: 51998PC0215
Language: en
Date: 1998-04-06
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, 06.04.1998
                                                   COM(1998) 215 final
                                                   98/0133 (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 9 March 1998' 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
 1994% last amended by Regulation (EC) No 847/97 of 12 May 19973.
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 Toys (CN codes 9503 41, 9503 49 and 9503 90);
        increase of 5 % in the level of the Tableware quotas.
1       COM (1998) 128.
2      OJ L 67, 10.3.1994, p.89.
3      OJL 122, 14.5.1997, p. 1.
                                           L
 ---pagebreak---                                                Proposal for a
                                  Council Regulation (EC) No ..../98
                                                  of... 1998
  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', introduced, in respect of
 the People's Republic of China, the quotas listed in Annex II to that Regulation and
 surveillance measures listed in Annex III thereto;
 Whereas the Council's objective in establishing the quotas 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 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 toys falling within
 HS/CN codes 9503 41 + 9503 49 + 9503 90 should be abolished and that such abolition
 would be neither inconsistent with the above objective nor liable to disrupt the
Community market;
 Whereas, in light of the experience acquired in implementing the quotas, the situation of
the Community producers concerned indicates that a 5 % upward adjustment of the
quotas would be appropriate and would be neither inconsistent with the above objective
nor liable to disrupt the Community market; whereas, however, in the case of footwear
the particularly sensitive nature of the industry indicates that for the time being no
increase is appropriate;
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;
(l)
    OJ No L 67, 10.3.1994, p. 89. Regulation as last amended by Regulation (EC) No 847/97 (OJ No L 122,
    14.5.1997, p.l).
                                                      3
 ---pagebreak--- Whereas the quantitative quotas and the surveillance measures introduced pursuant to
Regulation (EC) No 519/94 should therefore be amended,
HAS ADOPTED THIS REGULATION:
                                         Article 1
Annex II and III to Regulation (EC) No 519/94 shall be replaced by the Annexes which
appear in Annexes I and II to this Regulation respectively.
                                         Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal
of the European Communities.
It shall apply from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
 ---pagebreak---                                                       ANNEX I
                                                      ANNEX U
                     List of quotas for certain products originating in China
         Description of products                         HS/CN Code                        Quotas
                                                                                        (annual basis)
Footwear                                                 ex 6402 99(')             39151 481        pairs
                                                         6403 51                      2 795 000     pairs
                                                         6403 59
                                                         ex6403 91(')               12 120 000      pairs
                                                         ex 6403 9 9 0
                                                         ex 6404 11 (2)              18 228 780      pairs
                                                         6404 19 10                31897 716        pairs
Tableware, kitchenware of porcelain                      691110                          48 090     tonnes
or china
Ceramic tableware, kitchenware,                          6912 00                   „     36 383     tonnes
other than of porcelain or china
(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.
 ---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                                                                   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
Gloves                                                                                       4203 29 91
                                                                                             4203 29 99
 Footwear                                                                                    6402 19
                                                                                             ex 6402 99(l)
                                                                                             6403 19
                                                                                             ex6403 91 (,)
                                                                                             ex 6403 99(l)
                                                                                             ex6404 11(2)
Ornamental ceramic articles of porcelain                                                     ex 6913 10
Glassware                                                                                    ex7013(3)
Bicycles                                                                                     8712 00
Toys                                                                                         9503 30
                                                                                            9503 41
                                                                                            9503 49
Puzzles                                                                                     9503 60
Toys                                                                                        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 oi'hardboard to support the picture, held together by clips of base meial'.
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 215 final
                                              DOCUMENTS
EN                                                                02 06     11
                                    Catalogue number : CB-CO-98-232-EN-C
                                                             ISBN 92-78-33097-3
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                  y