Council Regulation (EEC) No 3951/92, of 29 December 1992, on the arrangements for imports of certain textile products originating in Taiwan

COUNCIL REGULATION (EEC) No 395/92  of 29 December 1992 on the arrangements for imports of certain textile products originating in  Taiwan
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 4134/86 of 22 December 1986 on the arrangements for imports of  certain textile products originating in Taiwan (1) laid down the arrangements for imports into the  Community of the products in question until 31 December 1992;
Whereas those arrangements should be maintained beyond that date and adjusted as part of the  revision of the Community's overall commercial policy on textile products and the realization of  the internal market as from 1 January 1993;
Whereas, in order inter alia to ensure compliance with the objectives of this Regulation, the  release for free circulation of the products in question should be made subject to import  authorization on presentation of an export document issued in Taiwan by a body affording all the  necessary guarantees;
Whereas it is necessary to provide that neither handicraft or traditional folklore products, for  which an appropriate certification system will be devised, nor products introduced into the customs  territory of the Community under the inward processing rules or under other temporary admission  rules and re-exported from that territory in the same state or after processing are to be set off  against the abovementioned quantitative quotas;
Whereas provision should be made for introducing, where certain conditions are fulfilled,  quantitative limits on textile products which are included in the import arrangements applicable to  Taiwan but for which no quantitative limit has been fixed;
Whereas it should be possible, where it is found that products originating in Taiwan and subject to  this Regulation have been imported into the Community in an attempt to evade the provisions of this  Regulation, to deduct the quantity of goods concerned from the appropriate quantitative quotas  established under this Regulation;
Whereas it should be possible to introduce specific quantitative quotas for products obtained under  the outward processing relief arrangements;
Whereas Article 8a of the Treaty lays down that the Community should adopt measures for the  progressive establishment of the internal market over a period expiring on 31 December 1992;  whereas the internal market comprises of an area without internal frontiers in which the free  movement of goods, persons, services and capital is ensured;
Whereas a new system for administering quantitative restrictions should be established based on the  principle of a common commercial policy, in accordance with the guidelines laid down by the Court  of Justice and with a view to establishing the Internal Market on 1 January 1993;
Whereas the procedure for administering import quotas should be based on a system of licences  issued by the Member States in line with quantitative criteria established at Community level;
Whereas the administrative procedure to be established must ensure that all applicants have fair  access to Community quantitative quotas;
Whereas surveillance or safeguard measures confined to one or more regions rather than the whole of  the Community may nevertheless prove necessary; whereas however such measures should be authorized  only exceptionally and where no alternative exists; whereas it is necessary, in addition, to ensure  that such measures are temporary and cause the minimum of disruption to the operation of the  internal market;
Whereas the measures covered by this Regulation are both necessary and appropriate in order to  complete the common commercial policy and to safeguard the measures already taken by the Community  in the textile and clothing sector;
Whereas the import arrangements at present in force expire on 31 December 1992; whereas it is  necessary to provide for transitional arrangements in respect of products shipped before 1 January  1993,