Commission Regulation (EC) No 2260/97 of 13 November 1997 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalized preferences to take account of the special situation of Bangladesh regarding certain exports of textiles to the Community

COMMISSION REGULATION (EC) No 2260/97 of 13 November 1997 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalized preferences to take account of the special situation of Bangladesh regarding certain exports of textiles to the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (1), as last amended by Regulation (EC) No 1427/97 (2), and in particular Article 76 thereof,
Whereas, by Council Regulation (EC) No 3281/94 of 19 December 1994 applying a four year scheme of generalized tariff preferences (1995 to 1998) in respect of certain industrial products originating in developing countries (3), as last amended by Commission Regulation (EC) No 998/97 (4), the Community gave such preferences to Bangladesh;
Whereas Articles 67 to 97 of Regulation (EEC) No 2454/93 establish the definition of the concept of originating products to be used for the purposes of generalized tariff preferences; whereas Article 76 of that Regulation provides, however, for derogations to those provisions in favour of least-developed GSP-beneficiary countries which submit an appropriate request to that effect to the Community;
Whereas the Government of Bangladesh has applied for such a derogation in respect of certain textile products; whereas at the Community's request Bangladesh has provided the requisite additional economic information;
Whereas the request submitted by Bangladesh satisfies the requirements of Article 76; whereas in particular the introduction of quantitative conditions (on an annual basis) reflecting the Community market's capacity to absorb the Bangladeshi products, Bangladesh's export capacity and actual recorded trade flows, is such as to prevent injury to the corresponding branches of Community industry;
Whereas in order to encourage regional cooperation among beneficiary countries it is desirable to provide that the raw materials to be used in Bangladesh in pursuance of this derogation should originate in countries belonging to the Association of South-East Asian Nations (Asean) (except Myanmar), the South Asian Association for Regional Cooperation (Saarc) or the Lomé Convention;
Whereas provision should be made for the transfer of quantities between product categories in accordance with and up to the limits in Annex VIII to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (5), as last amended by Commission Regulation (EC) No 1445/97 (6);
Whereas the derogation may not in any case apply beyond 31 December 1998, when the current scheme of generalized tariff preferences for industrial products expires;
Whereas, as the result of undertakings entered into with the Bangladesh authorities, the provisions should be made applicable as from 15 October 1997;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,