Council Regulation (EC) No 1897/96 of 1 October 1996 amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries

COUNCIL REGULATION (EC) No 1897/96 of 1 October 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 countries (1), 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 1735/96 (2) classifies glass-fronted clip-frames, consisting of a mechanically-gathered glass sheet with worked edges, a printed paper sheet and a piece of hardborard 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 appropriate 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;
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, bats 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,