13.9.2005 EN Official Journal of the European Union L 236/3
COMMISSION REGULATION (EC) No 1478/2005
of 12 September 2005
amending Annexes V, VII and VIII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 Articles 8 and 19 thereof,
Whereas:
(1) On 10 June 2005, the European Commission and the Chinese Ministry of Commerce agreed on a Memorandum of Understanding on the export of certain Chinese textile and clothing products to the European Union. In order to take account of this Memorandum of Understanding the Commission subsequently adopted Regulation (EC) No 1084/2005.
(2) It is necessary to clarify the destination of shipments to the Community indicated in footnote 3 of the table shown under (b) in Annex V of Regulation (EEC) No 3030/93, as well as a specific conversion rate for children’s garments for textiles category 4.
(3) It is necessary to provide for arrangements for the treatment of goods sent out from the Community to China for Processing Traffic (OPT).
(4) These arrangements on OPT should be reflected in Annex VII of Regulation (EEC) No 3030/93.
(5) The quantitative limits laid down in the Memorandum of Understanding have been reached for several product categories. As a consequence, a considerable amount of goods are blocked at the Community ports which creates unexpected difficulties for the normal conduct of trade.
(6) On 5 September 2005, the European Commission and the Chinese Ministry of Commerce concluded consultations on how to deal with the problems caused by exports of textile and clothing from China in excess of the quantities established in the Memorandum of Understanding. As a result it was agreed to provide for additional quantities for the categories concerned and to introduce certain flexibilities.
(7) In order to take into account of the arrangement agreed by the European Commission and the Chinese Ministry of Commerce it is necessary to adjust the quantitative limits for imports of textile and clothing products originating in China for 2005 and 2006 and to provide for certain flexibilities. Regulation (EEC) No 3030/93 should therefore be amended accordingly.
(8) In addition, given the particular circumstances of this situation, it is appropriate to provide for additional quantities in order to allow for the release of all textile and clothing products which are currently blocked.
(9) In view of the urgency of the matter, the Regulation should enter into force without delay.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93,
Regulation (EEC) No 3030/93 is amended as follows:
1. Annex V is amended in accordance with Annex I to this Regulation;
2. in Annex VII the table is replaced by the table set out in Annex II to this Regulation;
3. in Annex VIII the table is replaced by the table set out in Annex III to this Regulation.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.