CELEX: 51996PC0438
Language: en
Date: 1996-09-05
Title: Proposal for a COUNCIL REGULATION (EC) amending Annex II to Regulation (EC) No 519/94 on common rules for imports from certain third countries

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 05.09.1996
                                              COM(96) 438 final
                                              96/0222 (ACC)
                              Proposal for a
                    COUNCIL REGULATION (EC)
amending Annex II to Regulation (EC) No 519/94 on common rules for imports
                         from certain third countries
                     (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                  Explanatory Memorandum
Under Council Regulation (EC) No 519/94 of 7 March 1994, ' as last amended by
Regulation (EC) No 752/96,2 certain products originating in the People's Republic of
China are subject to quantitative restrictions. They include glass tableware and certain
types of footwear.
A number of classification problems affecting the working of these quotas have come to
the notice of the Tariff and Statistical Nomenclature Section of the Customs Code
Committee, which was set up under Regulation (EEC) No 2658/87, as amended by
Regulation (EC) No 2913/92, to ensure uniform application of the Combined
Nomenclature.
One concerns 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. Regulation (EC) No xxxx/96 classifies these frames
in CN code 7013 99 90, which means that those originating in China are now subject to a
quantitative quota throughout the Community.
The effects of this classification would, however, appear to go beyond what is necessary
for the protection of the sectors of Community industry concerned and do not reflect the
Council's intentions when it introduced the quota system. The clip-frames defined in the
above classification Regulation should therefore be excluded from the quota
arrangements laid down in Regulation (EC) No 519/94.
1
        OJ No L 67, 10.3.1994, p.89.
2
        OJNoL103, 26.4.1996, p. 1.
 ---pagebreak--- Another difficulty concerns the exclusion of certain sports footwear. Council Regulation
(EC) No 538/953 extended the exclusion applied to sports footwear involving special
technology to cover the sports footwear described in subheading note 1 (a) to Chapter 64
of the Combined Nomenclature. The implementation of this exclusion by the customs
authorities has shown it to be irrelevant and even a source of confusion in respect of the
quotas applicable to footwear of HS/CN codes 6402 99, 6403 91 and 6403 99. It has
become clear that no item of footwear covered by the HS/CN codes in question could
answer the description in subheading note 1(a).
The technical amendments described above should therefore be made to Annexes II and
III to Regulation (EC) No 519/94.
A proposal for a Regulation to that effect is enclosed for approval.
        QI No L 55,. 11.3.1995, p. 1.
 ---pagebreak---                                        Proposal for a
                            Council Regulation (EC) No ..../96
                                         of... 1996
    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 countries1, as last amended by Regulation (EC) No 752/962 ,
introduced certain quantitative quotas, listed in Annex II to that Regulation, applicable to
the People's Republic of China; whereas one such quota applies to glassware falling
within HS/CN heading 7013;
Whereas Commission Regulation (EC) No xxxx/96 of 22 August 19963 classifies 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, within CN code 7013 99 90;
Whereas, as a result, such clip-frames originating in the People's Republic of China are
now subject to a quantitative quota throughout the Community;
Whereas the effects of this classification go beyond what is necessary for the protection
of the sectors of Community industry concerned; whereas these clip-frames should
therefore be excluded from the quota arrangements introduced by Regulation (EC)
No 519/94;
1 OJ No L 67 of 10.03.1994, p. 89.
2 OJ No L 103 of 26.4.1996, p. 1.
3 0JNoL...
 ---pagebreak--- Whereas Regulation (EC) No 519/94 excludes certain sports footwear and footwear
involving special technology from the quotas applicable to footwear of HS/CN codes
6402 99, 6403 91, 6403 99 and 6404 11;
Whereas the application of the above exclusion by the customs authorities has been
discussed in the Customs Code Committee; whereas the present wording of the exclusion
has been found to pose a number of practical problems in the field; whereas
HS/CN codes 6402 99, 6403 91 and 6403 99 do not cover 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; whereas the wording of the exclusion in
Annex II to Regulation (EC) No 519/94 must therefore be corrected in the interests of the
proper and uniform application of Community legislation;
Whereas Annex II to Regulation (EC) No 519/94 and the corresponding provisions of
Annex III thereto should be amended accordingly,
HAS ADOPTED THIS REGULATION:
                                           Article 1
Annex II to Regulation (EC) No 519/94 shall be replaced by the Annex to this
Regulation.
 ---pagebreak---                                            Article 2
In Annex III to Regulation (EC) No 519/94, the text concerning footwear shall be
replaced by the following:
"Footwear falling within HS/CN codes:                  6402 19
                                               ex      6402 99'
                                                       6403 19
                                               ex      6403 91'
                                               ex      6403 99'
                                               ex      6404 l l 2
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."
                                           Article 3
This Regulation shall enter into force on the day 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---                                                           Annex
                                                       "Annex II
                       List of quotas for certain products originating in China
           Description of products                        HS/CN Code                       Quotas
                                                                                        (annual basis)
  Footwear falling within HS/CN                  ~~       e764Tj2991                 39.151.481       pairs
       codes
                                                          6403 5Î"                    2.795.000      pairs
                                                          6403 59
                                                          ex 6403 9! l               12.120.000      pairs
                                                          ex 6403 99 *         j
                                                          ex 6404 112                18.228.780      pairs
                                                          6404 19 10                 31.897.716      pairs
           — —                        ••                  ———                - j _ _ _               __
  Tableware, kitchenware of porcelain                     6911 10              :         45.800       tonnes
  or china falling within HS/CN code                                          J
         .              ,              -_——__—_—,——.                 _       - i, •           ___«—___..
  Ceramic tableware, kitchenware,                         6912 00              !         34.650      tonnes
  other than of porcelain or china                                            I
  falling within HS/CN code                                                    |                                s
I Glassware of a kind used for table,                     70133                          15.600      tonnes     j
  kitchen, toilet, etc. falling within                                                                          I
  HS/CN code                                                                                                    I
  Toys falling within HS/CN codes                         9503 41
                                                          9503 49                 1.056.996.632      ECU
                                                          9503 90
j
    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 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---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 438 final
                                              DOCUMENTS
EN                                                                       02   li
                                    Catalogue number : CB-CO-96-443-EN-C
                                                             ISBN 92-78-08627-4
Office for Official Publications of the European Communities
L-2985 Luxembourg
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