Article 1 Scope
1. Without prejudice to Article 2 (5) and to Article 13, this Regulation shall apply to imports of textile products listed in Annex I, originating in third countries with which the Community has concluded bilateral agreements, protocols or other arrangements as listed in Annex II. The relevant provisions of this Regulation shall also apply to imports of textile and clothing products originating in China in respect of Article 10a. 2. For the purposes of paragraph 1, textile products falling within Section XI of the combined nomenclature shall be classified in categories as set out in Annex I. 3. The classification of products listed in Annex I shall be based on the combined nomenclature (CN), without prejudice to Article 2 (6). The procedures for the application of this paragraph are laid down in Annex III. 4. Subject to this Regulation, the importation into the Community of the textile products referred to in paragraph 1 shall not be subject to quantitative restrictions or measures having equivalent effect. 5. The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community. 6. The requirements regarding proof of origin of the products referred to in paragraph 1 shall be as laid down in Annex III and in the relevant Community legislation in force. However, proof of origin presented in accordance with the provisions of Regulation (EC) No 1541/98 may also be accepted in place of the proof of origin required by bilateral agreements, protocols or other arrangements which lay down more stringent requirements. The procedures for verification of the origin of those products shall be as laid down in Annex IV and in the relevant Community legislation in force. 8. By way of derogation from this Regulation, the import of the following textile products shall not be subject to quantitative restrictions, licensing or requirements regarding proof of origin: (a) Samples of textile products which are of negligible value and can be used only to solicit orders for goods of the type they represent with a view to their being imported into the customs territory of the Community. The competent authorities may require that certain articles, to qualify for the exemption, be rendered permanently unusable by being torn, perforated, or clearly and indelibly marked, or by any other process, provided such operation does not destroy their character as samples. ‘Samples of textile products’ means any article representing a type of goods whose manner of presentation and quantity, for goods of the same type or quality, rule out its use for any purpose other than that of seeking orders. (b) Representative samples of textile products manufactured outside the customs territory of the Community intended for a trade fair or similar event, provided that they — are identifiable as advertising samples of low unitary value; — are not easily marketable; or — in their total value and quantity, are appropriate to the nature of the exhibition, the number of visitors and the extent of the exhibitor's participation. (b) Representative samples of textile products manufactured outside the customs territory of the Community intended for a trade fair or similar event, provided that they — are identifiable as advertising samples of low unitary value; — are not easily marketable; or — in their total value and quantity, are appropriate to the nature of the exhibition, the number of visitors and the extent of the exhibitor's participation.
Article 2 Quantitative limits
1. Importation into the Community of the textile products listed in Annex V originating in one of the supplier countries listed in that Annex shall be subject to the annual quantitative limits laid down in that Annex. 2. The release for free circulation in the Community of imports subject to the quantitative limits referred to in Annex V shall be subject to the presentation of an import authorization issued by the Member States' authorities in accordance with Article 12. 3. The authorized imports shall be charged against the quantitative limits laid down for the year in which the products are shipped in the supplier country concerned. For the purposes of this Regulation, shipment of products shall be considered as having taken place on the date on which they were loaded onto the exporting means of transport. 5. The release for free circulation of products the importation of which was subject to quantitative limits before 1 January 2005, as listed in Annexes Va and VIIa and which were shipped before that date shall continue, until 31 March 2005, to be subject to the presentation of an import authorisation that shall be issued under the import regime in force before 1 January 2005. Shipment of the goods shall be considered to have taken place on the date of their loading in the country of origin on to the exporting aircraft, vehicle or vessel. 6. The definition of quantitative limits laid down in Annex V and the categories of products to which they apply shall be adapted in accordance with the procedure laid down in Article 17, where this proves necessary to ensure that any subsequent amendment to the combined nomenclature (CN) or any decision amending the classification of such products does not result in a reduction of such quantitative limits. 7. In order to ensure that quantities for which import authorizations are issued shall not exceed at any moment the total Community quantitative limits for each textile category and each third country concerned, the competent authorities shall issue import authorizations only upon confirmation by the Commission that there are still quantities available of the total Community quantitative limits for the categories of textile products and for the third countries concerned, for which an importer or importers have submitted applications with the said authorities. 8. At the request of the Member State concerned, textile products in the possession of the competent authorities of that Member State, particularly in the context of bankruptcy or similar procedures, for which a valid import authorisation is no longer available, may be released into free circulation in accordance with the procedure laid down in Article 17(2). 9. The release for free circulation in one of the new Member States acceding to the European Union on 1 January 2007, namely Romania and Bulgaria, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 January 2007 and enter the two new Member States on or after 1 January 2007 shall be subject to presentation of an import authorisation. Such import authorisation shall be granted automatically and without quantitative limitation by the competent authorities of the Member State concerned, upon adequate proof, such as the bill of lading, that the products have been shipped before 1 January 2007. Such licences shall be communicated to the Commission. 10. The release for free circulation in one of the two new Member States acceding to the European Union on 1 January 2007, namely Bulgaria and Romania, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 January 2007 and enter the two new Member States on or after 1 January 2007 shall be subject to presentation of an import authorisation. Such import authorisation shall be granted automatically and without quantitative limitation by the competent authorities of the Member State concerned, upon adequate proof, such as the bill of lading, that the products have been shipped before 1 January 2007.
Amendment rationale: CONTEXT OF THE PROPOSAL The proposal for a Council Regulation is necessitated by the upcoming accession of the Republic of Croatia to the European Union. The Treaty concerning the accession of the Republic of Croatia to the European Union[1] was signed by all Member States of the European Union and the Republic of Croatia at Brussels on 9 December 2011. Article 3 (3) of the Treaty of Accession provides that it shall enter into force on 1 July 2013 provided that all the instruments of ratification have been deposited before that date. Article 3(4) of the Treaty of Accession enables the institutions of the Union to adopt before accession measures referred to, inter alia, in Article 50 of the Act concerning the conditions of accession of the Republic of Croatia[2]. These measures shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession. Article 50 of the Act of Accession provides that where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in this Act or its Annexes, the Council or the Commission (if the original acts were adopted by the Commission) shall adopt the necessary acts. Point 2 of the Final Act[3] refers to the political agreement on a set of adaptations to acts adopted by the institutions which was reached between the Member States and Croatia in the context of the approval of the Treaty of Accession; the High Contracting Parties of the Treaty of Accession invited the Council and the Commission to adopt these adaptations before accession in accordance with Article 50 of the Act of Accession, completed and updated where necessary to take account of the evolution of the law of the Union. The present proposal regroups the technical adaptations to all Council regulations and decisions as well as to all European Parliament and Council regulations and decisions which require technical adaptation by reason of the accession of Croatia, into a single Council regulation. Alongside this proposal for a Council Regulation, the Commission transmits a series of separate proposals for several Council directives to the Council which cover technical adaptations to Council directives as well as to European Parliament and Council directives which also need technical adaptation by reason of the accession of Croatia. Each of these separate proposals for Council directives regroups the technical adaptations which correspond to different negotiation chapters. This structure is designed to facilitate the transposition of the directives by Member States into their respective legal orders, and is in line with the approach which was taken in view of the accession of Bulgaria and Romania[4]. It is foreseen that all the legal acts included in this package will be published in the Official Journal of the European Union at the same date. The present proposal and the other proposals included in this package will take into account technical adaptations to the acquis which were published in the Official Journal of the European Union until 1 September 2012. The reasons for this are to provide sufficient time for the legislative processes involved on the one hand, and for the fulfilment of the ensuing transposition and notification obligations by Member States as regards directives on the other hand. Adaptations which may be necessary to the acquis published in the Official Journal of the European Union after 1 September 2012 will be foreseen in the relevant acts themselves or done at a later stage through the appropriate procedure. In addition, the Commission intends to informally provide a list of such legislation to Member States in early July 2013.
Revised version (Article 2 Quantitative limits):
1. Importation into the Community of the textile products listed in Annex V originating in one of the supplier countries listed in that Annex shall be subject to the annual quantitative limits laid down in that Annex. 2. The release for free circulation in the Community of imports subject to the quantitative limits referred to in Annex V shall be subject to the presentation of an import authorization issued by the Member States' authorities in accordance with Article 12. 3. The authorized imports shall be charged against the quantitative limits laid down for the year in which the products are shipped in the supplier country concerned. For the purposes of this Regulation, shipment of products shall be considered as having taken place on the date on which they were loaded onto the exporting means of transport. 5. The release for free circulation of products the importation of which was subject to quantitative limits before 1 January 2005, as listed in Annexes Va and VIIa and which were shipped before that date shall continue, until 31 March 2005, to be subject to the presentation of an import authorisation that shall be issued under the import regime in force before 1 January 2005. Shipment of the goods shall be considered to have taken place on the date of their loading in the country of origin on to the exporting aircraft, vehicle or vessel. 6. The definition of quantitative limits laid down in Annex V and the categories of products to which they apply shall be adapted in accordance with the procedure laid down in Article 17, where this proves necessary to ensure that any subsequent amendment to the combined nomenclature (CN) or any decision amending the classification of such products does not result in a reduction of such quantitative limits. 7. In order to ensure that quantities for which import authorizations are issued shall not exceed at any moment the total Community quantitative limits for each textile category and each third country concerned, the competent authorities shall issue import authorizations only upon confirmation by the Commission that there are still quantities available of the total Community quantitative limits for the categories of textile products and for the third countries concerned, for which an importer or importers have submitted applications with the said authorities. 8. At the request of the Member State concerned, textile products in the possession of the competent authorities of that Member State, particularly in the context of bankruptcy or similar procedures, for which a valid import authorisation is no longer available, may be released into free circulation in accordance with the procedure laid down in Article 17(2). 9. The release for free circulation in one of the new Member States acceding to the European Union on 1 January 2007, namely Romania and Bulgaria, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 January 2007 and enter the two new Member States on or after 1 January 2007 shall be subject to presentation of an import authorisation. Such import authorisation shall be granted automatically and without quantitative limitation by the competent authorities of the Member State concerned, upon adequate proof, such as the bill of lading, that the products have been shipped before 1 January 2007. Such licences shall be communicated to the Commission. 10. The release for free circulation in one of the two new Member States acceding to the European Union on 1 January 2007, namely Bulgaria and Romania, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 January 2007 and enter the two new Member States on or after 1 January 2007 shall be subject to presentation of an import authorisation. Such import authorisation shall be granted automatically and without quantitative limitation by the competent authorities of the Member State concerned, upon adequate proof, such as the bill of lading, that the products have been shipped before 1 January 2007. 11. The release for free circulation in the Member State acceding to the European Union on 1 July 2013, namely Croatia, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 July 2013 and enter the new Member State on or after 1 July 2013 shall be subject to presentation of an import authorisation. Such import authorisation shall be granted automatically and without quantitative limitation by the competent authorities of the Member State concerned, upon adequate proof, such as the bill of lading, that the products have been shipped before 1 July 2013.
Article 3 Folklore and handloom products
1. The quantitative limits referred to in Annex V shall not apply to the cottage industry and folklore products specified in Annex VI which are accompanied on import by a certificate issued by the competent authorities of the country of origin in accordance with the provisions of Annex VI and which fulfil the other conditions laid down therein. 2. The release for free circulation in the Community of the textile products referred to in paragraph 1 shall be granted only for those products covered by an import document issued by the competent authorities of the Member States, provided that similar machine-made products are subject to quantitative limits. The said import document shall be issued automatically within a maximum of five working days from the date of presentation by the importer of the certificate referred to in paragraph 1 issued by the competent authorities of the supplier country. The import document shall be valid for six months and shall state the grounds for exemption as given in the certificate referred to in paragraph 1.
Article 4 Temporary imports
1. The quantitative limits referred to in Annex V shall not apply to products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) ( 1 ). Where the products referred to in the preceding subparagraph are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 2 (2) shall apply and the products so released shall be charged against the quantitative limits established for the year for which the export licence was issued. 2. Where the authorities in the Member States establish that imports of textile products have been charged against a quantitative limit laid down in Annex V and that these products have subsequently been re-exported outside the customs territory of the Community, they shall inform the Commission within four weeks of the quantities concerned, which shall be recredited to the quantitative limits provided for in Annex V and used in accordance with the provisions of Article 12.
Article 5 Outward processing
Subject to the conditions laid down in Annex VII, re-imports into the Community of textile products after processing in the countries listed in that Annex shall not be subject to the quantitative limits referred to in Annex V, provided that they are effected in accordance with the Regulations on economic outward processing in force in the Community. The release for free circulation of textile products sent from one of the Member States acceding to the European Union on 1 January 2007 to a destination outside the Community for processing before 1 January 2007, and re-imported into the same Member State on or after that date, shall upon adequate proof, such as the export declaration, not be subject to quantitative limits or import authorisation requirements. The competent authorities of the Member State concerned shall provide information on those imports to the Commission. The release for free circulation of textile products sent from one of the two new Member States acceding to the European Union on 1 January 2007 to a destination outside the Community for processing before 1 January 2007, and re-imported into the same Member State on or after that date, shall upon adequate proof, such as the export declaration, not be subject to quantitative limits or import authorisation requirements. The competent authorities of the Member State concerned shall provide information on those imports to the Commission.
Amendment rationale: CONTEXT OF THE PROPOSAL The proposal for a Council Regulation is necessitated by the upcoming accession of the Republic of Croatia to the European Union. The Treaty concerning the accession of the Republic of Croatia to the European Union[1] was signed by all Member States of the European Union and the Republic of Croatia at Brussels on 9 December 2011. Article 3 (3) of the Treaty of Accession provides that it shall enter into force on 1 July 2013 provided that all the instruments of ratification have been deposited before that date. Article 3(4) of the Treaty of Accession enables the institutions of the Union to adopt before accession measures referred to, inter alia, in Article 50 of the Act concerning the conditions of accession of the Republic of Croatia[2]. These measures shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession. Article 50 of the Act of Accession provides that where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in this Act or its Annexes, the Council or the Commission (if the original acts were adopted by the Commission) shall adopt the necessary acts. Point 2 of the Final Act[3] refers to the political agreement on a set of adaptations to acts adopted by the institutions which was reached between the Member States and Croatia in the context of the approval of the Treaty of Accession; the High Contracting Parties of the Treaty of Accession invited the Council and the Commission to adopt these adaptations before accession in accordance with Article 50 of the Act of Accession, completed and updated where necessary to take account of the evolution of the law of the Union. The present proposal regroups the technical adaptations to all Council regulations and decisions as well as to all European Parliament and Council regulations and decisions which require technical adaptation by reason of the accession of Croatia, into a single Council regulation. Alongside this proposal for a Council Regulation, the Commission transmits a series of separate proposals for several Council directives to the Council which cover technical adaptations to Council directives as well as to European Parliament and Council directives which also need technical adaptation by reason of the accession of Croatia. Each of these separate proposals for Council directives regroups the technical adaptations which correspond to different negotiation chapters. This structure is designed to facilitate the transposition of the directives by Member States into their respective legal orders, and is in line with the approach which was taken in view of the accession of Bulgaria and Romania[4]. It is foreseen that all the legal acts included in this package will be published in the Official Journal of the European Union at the same date. The present proposal and the other proposals included in this package will take into account technical adaptations to the acquis which were published in the Official Journal of the European Union until 1 September 2012. The reasons for this are to provide sufficient time for the legislative processes involved on the one hand, and for the fulfilment of the ensuing transposition and notification obligations by Member States as regards directives on the other hand. Adaptations which may be necessary to the acquis published in the Official Journal of the European Union after 1 September 2012 will be foreseen in the relevant acts themselves or done at a later stage through the appropriate procedure. In addition, the Commission intends to informally provide a list of such legislation to Member States in early July 2013.
Revised version (Article 5 Outward processing):
Subject to the conditions laid down in Annex VII, re-imports into the Community of textile products after processing in the countries listed in that Annex shall not be subject to the quantitative limits referred to in Annex V, provided that they are effected in accordance with the Regulations on economic outward processing in force in the Community. The release for free circulation of textile products sent from one of the Member States acceding to the European Union on 1 January 2007 to a destination outside the Community for processing before 1 January 2007, and re-imported into the same Member State on or after that date, shall upon adequate proof, such as the export declaration, not be subject to quantitative limits or import authorisation requirements. The competent authorities of the Member State concerned shall provide information on those imports to the Commission. The release for free circulation of textile products sent from one of the two new Member States acceding to the European Union on 1 January 2007 to a destination outside the Community for processing before 1 January 2007, and re-imported into the same Member State on or after that date, shall upon adequate proof, such as the export declaration, not be subject to quantitative limits or import authorisation requirements. The competent authorities of the Member State concerned shall provide information on those imports to the Commission. The release for free circulation of textile products sent from the new Member State acceding to the European Union on 1 July 2013 to a destination outside the Community for processing before 1 July 2013, and re-imported into the same Member State on or after that date, shall upon adequate proof, such as the export declaration, not be subject to quantitative limits or import authorisation requirements. The competent authorities of the Member State concerned shall provide information on those imports to the Commission.
Article 6 Prices
1. In accordance with the relevant provisions of the bilateral arrangements with the supplier countries concerned, where imports into the Community of textile products listed in Annex I are effected at abnormally low prices, the Commission acting on its own initiative or at the request of a Member State, may request consultations with the authorities of the supplier country in question in accordance with Article 16. 2. Measures destined to remedy this situation shall be adopted in accordance with the procedure laid down in Article 17, due respect being given to the terms and conditions contained in the relevant bilateral agreements.
Article 7 Flexibility provisions
Provided they notify the Commission in advance, supplier countries may effect transfers between the quantitative limits listed in Annexes V and Va to the extent and subject to the conditions stipulated in Annexes VIII and VIIIa.
Article 8 Additional imports
Where, under particular circumstances, imports over and above those referred to in Annex V are required in respect of one or more categories of products, additional opportunities for imports during a given quota year may be granted by the Commission in accordance with the procedure laid down in Article 17. Where such additional opportunities are granted following over-licensing by the authorities of a supplier country, this shall be subject to the deduction of an amount corresponding to the additional amount from the quantitative limit: — of one or more categories of products belonging to the same group or subgroup of products for the current quota year (provided that such an amount does not exceed 3 % of the quantitative limit for the category for which the additional opportunities are granted) and/or — of the same category of products for the following quota year. In an emergency, the Commission shall open consultations in the Committee set up pursuant to Article 17 within five working days following receipt of a request from a Member State and shall take a decision within 15 working days calculated from the same date. These additional opportunities for imports shall not be taken into account for the purpose of applying Article 7.
Article 10 Safeguard measures
1. Should imports into the Community of products falling within any given category, not subject to the quantitative limits set out in Annex V and originating in one of the countries listed in Annex IX exceed, in relation to the preceding calendar year's total imports into the Community of products in the same category, the percentages indicated in the Table appearing in Annex IX, such imports may be made subject to quantitative limits under the conditions laid down in this Article. 2. Paragraph 1 shall not apply where the percentages specified therein have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in the supplier country concerned. 3. Where the Commission, upon its own initiative or at the request of a Member State, considers that the conditions set out in paragraph 1 are fulfilled and that a given category of products should be made subject to a quantitative limit: (a) it shall open consultations with the supplier country concerned in accordance with the procedure specified in Article 16 with a view to reaching an arrangement or joint conclusions on a suitable level of restriction for the category or products in question; (b) pending a mutually satisfactory solution, the Commission shall, as a general rule, request the supplier country concerned to limit exports of the products in the category concerned to the Community, for a provisional period of three months from the date on which the request for consultations is made. Such provisional limit shall be established at 25 % of the level of imports during the previous calendar year, or 25 % of the level resulting from the application of the formula set out in paragraph 1, whichever is the higher; (c) it may, pending the outcome of the requested consultations, apply to the imports of the category of products in question quantitative limits identical to those requested of the supplier country pursuant to point (b). These measures shall be without prejudice to the definitive arrangements to be made by the Community, taking into account the results of the consultations. (a) Measures taken pursuant to paragraph 3 shall be subject to a Commission communication published without delay in the Official Journal of the European Union . (b) The Commission shall refer urgent cases to the Committee provided for in Article 17 either at its own initiative or within five working days of receipt of a request from a Member State or States setting out the reasons for the urgency and shall take a decision within five working days of the end of the Committee's deliberation. 8. The consultations with the supplier country concerned which are provided for in paragraph 3 may lead to an arrangement between that country and the Community, on the introduction and the level of quantitative limits. ch arrangements shall stipulate that the quantitative limits agreed be administered in accordance with a double-checking system. 9. Should the parties be unable to reach a satisfactory solution within 60 days following notification of the request for consultations, the Community shall have the right to introduce a definitive quantitative limit at an annual level not lower than: (a) in the case of supplier countries listed in Annex IX, the level resulting from the application of the formula set out in paragraph 1 or 106 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 1 and gave rise to the request for consultations, whichever is the higher. 11. The quantitative limits established pursuant to this Article shall not apply to products which have already been dispatched to the Community provided that they were shipped from the supplier country in which they originate for export to the Community before the date of notification of the request for consultations. 13. Measures provided for in paragraphs 3 and 9 of this Article shall be adopted and implemented in accordance with the procedure laid down in Article 17.
Article 10a Special safeguard provisions for China
1. Should imports into the Community of textiles and apparel products originating in China and covered by the (ATC) threaten to impede, owing to market disruption, the orderly development of trade in those products, such imports may, during the period ending on 31 December 2008, be made subject to specific safeguard measures under the following conditions: (a) The Commission — acting at the request of a Member State or on its own initiative — shall open consultations with China with a view to easing or avoiding such market disruption. The request for consultation shall provide China with a detailed factual statement of reasons and justifications for the request, with current data showing the existence or threat of market disruption and the role of products of Chinese origin in that disruption. Consultations shall be commenced within 30 days of receipt of the request, the consultation period lasting 90 days from such receipt, unless extended by mutual agreement. Upon receipt of the request for consultations China shall, during the period of consultation, hold its shipments to the Community of textile or textile products in the category or categories subject to the consultations, at a level no greater then 7,5 % (6 % for wool product categories) above the amount entered during the first 12 months of the most recent 14 months preceding the month in which the request for consultations was made. (a) The Commission — acting at the request of a Member State or on its own initiative — shall open consultations with China with a view to easing or avoiding such market disruption. The request for consultation shall provide China with a detailed factual statement of reasons and justifications for the request, with current data showing the existence or threat of market disruption and the role of products of Chinese origin in that disruption. Consultations shall be commenced within 30 days of receipt of the request, the consultation period lasting 90 days from such receipt, unless extended by mutual agreement. Upon receipt of the request for consultations China shall, during the period of consultation, hold its shipments to the Community of textile or textile products in the category or categories subject to the consultations, at a level no greater then 7,5 % (6 % for wool product categories) above the amount entered during the first 12 months of the most recent 14 months preceding the month in which the request for consultations was made. (b) The Commission may, if no mutually satisfactory solution is reached during the 90-day consultation period, establish a quantitative limit for the category or categories subject to the consultations. The quantitative limit shall be set up on the basis of the level at which China held its shipments upon receipt of the Community's request for consultation. The term of this quantitative limit shall be effective for a period ending on 31 December of the year in which consultations were requested, or, where three months or less remained in the year at the time of the request for consultations, for a period ending 12 months after the request for consultations. Consultations with China shall be continued during the term of the quantitative limit set up under this provision. (c) No action taken under this paragraph shall remain in effect beyond one year without reapplication, unless otherwise agreed between the Community and China. Measures shall not be applied to the same product at the same time under this paragraph and the provisions of Section 16 of the Protocol on the Accession of China to the WTO. Measures taken pursuant to point (b) shall be the subject of a Commission communication published without delay in the Official Journal of the European Communities . 2. The quantitative limits established pursuant to this Article shall not apply to products which have already been dispatched to the Community provided that they were shipped from the supplier country in which they originate for export to the Community before the date of notification of the request for consultations. 2a. The imports of textile and clothing products covered in Annex I originating in China as indicated in table B of Annex III are subject to a system of single prior surveillance in accordance with Article 13 and Part IV of Annex III. The requirement for the issuance of a surveillance document shall not apply to textile and clothing products for which an import authorisation is issued pursuant to Article 2(5). This prior surveillance system will be lifted once the ex-post customs-based surveillance system set up under Article 13 is fully operational. Decisions to terminate the prior surveillance system and to amend table B of Annex III shall be taken in accordance with Article 17. 3. The measures provided for in this Article, including opening of consultations as provided for in paragraph 1(a), shall be adopted and implemented in accordance with the procedure laid down in Article 17.
Article 12 Specific rules for administration of Community quantitative limits
1. For the purpose of applying Article 2 (2), the competent authorities of the Member States, before issuing import authorizations, shall notify the Commission of the amounts of the requests for import authorizations, supported by original export certificates, which they have received. By return the Commission shall notify its confirmation that the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States have been received (‘first come, first served’ basis). However, in exceptional cases where there is reason to believe that anticipated requests for import authorizations may exceed the quantitative limits, the Commission, in accordance with the procedure laid down in Article 17, may limit the amount to be allocated on the ‘first come, first served’ basis to 90 % of the quantitative limits in question. In such cases, as soon as this level has been reached, the allocation of the remainder shall be decided in accordance with the procedure laid down in Article 17. 2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the supplier third country, the category of textile products concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation. 3. Normally the notifications referred to in the previous paragraphs of this Article shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily. 4. As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each category of products and each third country concerned. Notifications presented by Member States for which no confirmation can be given because the amounts requested are no longer available within the Community quantitative limit, will be stored by the Commission in the chronological order in which they have been received and confirmed in the same order as soon as further amounts become available, for example through the application of flexibilities foreseen in Article 7. Moreover the Commission shall contact the authorities of the supplier country concerned immediately in cases where requests notified exceed the quantitative limits in order to seek clarification and a rapid solution. 5. The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import authorisation or at the time of its expiry. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each category of product and each third country concerned. 6. The import authorizations or equivalent documents shall be issued in accordance with Annex III. 7. The competent authorities of the Member States shall notify the Commission of any cancellation of import authorizations or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities in the supplier countries. However, if the Commission or the competent authorities of a Member State have been informed by the competent authorities of a supplier country of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be set off against the quantitative limits for the year during which shipment of products took place. 8. The Commission may, in accordance with the procedure laid down in Article 17, take any measure necessary to implement this Article.
Article 13 Surveillance
1. Where, in accordance with the relevant provisions of an agreement, protocol or other arrangement between the Community and a third country, or in order to monitor the trends of imports of products originating in a third country, a system of surveillance a priori or a posteriori is introduced on a category of products referred to in Annex I which is not subject to the quantitative limits listed in Annex V, the procedures and formalities concerning single and double checking, economic outward processing, classification and certification of origin shall be those laid down in Annex III and IV. 2. The categories of products and the third countries currently subject to surveillance, in accordance with paragraph 1, are listed in the tables in Annex III. 3. The decision to impose the surveillance system on categories of products or on supplier countries not listed in the tables in Annex III shall be taken, when applicable, in accordance with the relevant provisions regarding consultations contained in the agreement, protocol or other arrangements with the third country in question. The Commission shall decide to introduce an a priori or an a posteriori surveillance system. Decisions to impose the a priori surveillance system as well as any other measures needed to implement this system, shall be adopted in accordance with the procedure laid down in Article 17.
Article 15 Circumvention
1. Where, following the enquiries carried out in accordance with the procedures established in Annex IV, the Commission finds that the information in its possession constitutes proof that products originating in a supplier country listed in Annex V and being subject to the quantitative limits referred to in Article 2 or introduced pursuant to Articles 10 or 10a have been trans-shipped, re-routed or otherwise imported into the Community through circumvention of such quantitative limits and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened, in accordance with the procedure described in Article 17, so that agreement may be reached on an equivalent adjustment of the corresponding quantitative limits. 2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask the supplier country concerned to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out for the year in which the request for consultations was lodged or for the following year, if the quantitative limits for the current year is exhausted, where there is clear evidence of circumvention. 3. If the Community and the supplier country fail to arrive at a satisfactory solution within the period stipulated in Article 16 and if the Commission notes that three is clear evidence of circumvention, it shall, in accordance with the procedure laid down in Article 17, deduct from the quantitative limits an equivalent volume of products originating in the supplier country concerned. 4. In accordance with the provisions of the protocols and certain bilateral agreements concluded with third countries, where sufficient evidence shows that a false declaration concerning fibre content, quantities, description or classification of products originating in the countries concerned has occurred, the Community authorities may refuse to import the products in question. Furthermore, should it appear that the territory of any of these countries is involved in transhipment or re-routing of products not originating in that country, the Commission may introduce quantitative limits against the same products originating in that same country, if they are not already subject to quantitative limits, or it may take any other appropriate measures. 5. In addition, where there is evidence of the involvement of the territories of third countries which are Members of the WTO but which are not listed in Annex V, the Commission shall request consultations with the third country or countries concerned in accordance with the procedure described in Article 16 in order to take appropriate action to address the problem. The Commission, in accordance with the procedure laid down in Article 17, may introduce quantitative limits against the third country or countries concerned or it may take any other appropriate measures.
Article 16 Consultations
1. The Commission, in accordance with the procedure laid down in Article 17a , shall conduct the consultations referred to in this Regulation in accordance with the following rules: — the Commission shall notify the supplier country concerned of the request for consultations, — the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a statement setting out the reasons and circumstances which, in the Community's opinion, justify the submission of such a request, — the Commission shall initiate consultations, within one month at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.
Article 17 The textile committee
1. The Commission shall be assisted by a committee (hereinafter referred to as the ‘textile committee’). 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month. 3. The textile committee shall adopt its rules of procedure.
Article 17a 
The chairman may, on his own initiative or at the request of one of the Member States representatives, consult the textile committee about any other matter relating to the operation or application of this Regulation.
Article 18 Final provisions
The Member States shall inform the Commission forthwith of all measures taken pursuant to this Regulation and of all laws, regulations or administrative provisions concerning arrangements for importation of the products covered by this Regulation.
Article 19 
Amendments to the Annexes to this Regulation which may be necessary to take into account the conclusion, amendment or expiry of agreements, protocols or arrangements with third countries or amendments made to Community rules on statistics, customs arrangements or common rules for imports shall be adopted in accordance with the procedure laid down in Article 17.
Article 20 
This Regulation shall not prejudice the provisions of the bilateral agreements, protocols or arrangements between the Community and the third countries listed in Annex II.
Article 21 
Regulation (EEC) No 958/93 is hereby repealed, except for its transitional provisions applicable until 31 March 1993.
Article 21a 
References to Annexes V, VII and VIII are deemed to cover also, where appropriate, Annexes Va, VIIa and VIIIa.
Article 22 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities . It shall apply from 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.