COUNCIL REGULATION (EC) No 2797/94 of 14 November 1994 establishing provisional quantitative limits on imports into the Community of certain textile products originating in the People's Republic of China (category 14, category 17), in the Republic  of Indonesia (category 23), and in the Republic of India (category 23, category 24)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), and in particular Article 10 thereof, in conjunction with Article 17 thereof,
Having regard to the proposal of the Commission,
Whereas Article 10 of Regulation (EEC) No 3030/93 lays down the conditions under which quantitative limits may be established of certain textile products originating in third countries not covered by quantitative limits by virtue of a bilateral textile  agreement;
Whereas imports into the Community of certain textile products specified in the Annex and originating in the People's Republic of China (hereinafter referred to as 'China'), in the Republic of Indonesia (hereinafter referred to as 'Indonesia') and in  the Republic of India (hereinafter referred to as 'India') have exceeded the level referred to in Article 10 (1) in conjunction with Annex IX of Regulation (EEC) No 3030/93;
Whereas, in accordance with Article 10 (3) of Regulation (EEC) No 3030/93, on 28 October 1994 China, Indonesia and India were notified of a request for consultations;
Whereas, pending a mutually satisfactory solution, the Commission has requested China, Indonesia and India for a provisional period of three months to limit their exports to the Community of the products of the categories concerned to the limits set out  in the Annex with effect from the date of the request for consultations;
Whereas, pending the outcome of the requested consultations, quantitative limits identical to those requested of the supplier country should be applied provisionally to imports of the category of products in question;
Whereas it is appropriate to apply to imports into the Community of products for which quantitative limits are introduced the provisions of Regulation (EEC) No 3030/93 which are applicable to imports of products subject to the quantitative limits set  out in Annex V of the said Regulation;
Whereas the products in question exported from China, Indonesia and India between 28 October 1994 and the date of entry into force of this Regulation must be set off against the quantitative limits which have been introduced;
Whereas these quantitative limits should not, however, prevent the importation of products covered by them, shipped from China, Indonesia and India before the date of entry into force of this Regulation;
Whereas the measures provided for in this Regulation have not received a favourable opinion by the Committee established by Regulation (EEC) No 3030/93; whereas Article 17 (4) of the said Regulation provides that if the measures envisaged do not conform  with the opinion of the Committee or in absence of an opinion, the Commission shall submit to the Council, without delay, a proposal concerning the measures to be taken,
Subject to the provisions of Article 2, imports into the Community of the categories of certain textile products originating in China, Indonesia and India and specified in the Annex shall be subject to the provisional quantitative limits set  out in that Annex.
1. Products referred to in Article 1 shipped to the Community before the date of entry into force of this Regulation and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other  transport document proving that shipment actually took place before that date.
2. Imports of products shipped to the Community after the date of entry into force of this Regulation shall be subject to the provisions of Regulation (EEC) No 3030/93 which apply to imports into the Community of products subject to the quantitative  limits set out in Annex V to the said Regulation.
3. All quantities of products shipped to the Community on or after 28 October 1994 and released for free circulation shall be deducted from the quantitative limits laid down. These provisional limits shall not, however, prevent the importation of  products covered by them but shipped from China, Indonesia and India before the date of entry into force of this Regulation.
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 until 28 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.