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


Published: 2005-09-12

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L_2005236EN.01000301.xml

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,
HAS ADOPTED THIS REGULATION:
Article 1
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.
Article 2
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.
Done at Brussels, 12 September 2005.


For the Commission

Peter MANDELSON


Member of the Commission




(1)  OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1084/2005 (OJ L 177, 9.7.2005, p. 19).

ANNEX I
Annex V to Regulation (EEC) No 3030/93 is modified as follows:

(a)
Annex V is replaced by the following:
‘ANNEX V
COMMUNITY QUANTITATIVE LIMITS
(a)   applicable for the year 2005


(The complete description of the goods is shown in Annex I)

Community quantitative limits
Third country
Category
Unit
2005
Belarus
GROUP IA
 
 
1
tonnes
1 585
2
tonnes
5 100
3
tonnes
233
GROUP IB
 
 
4
1 000 pieces
1 600
5
1 000 pieces
1 058
6
1 000 pieces
1 400
7
1 000 pieces
1 200
8
1 000 pieces
1 110
GROUP IIA
 
 
9
tonnes
363
20
tonnes
318
22
tonnes
498
23
tonnes
255
39
tonnes
230
GROUP IIB
 
 
12
1 000 pairs
5 958
13
1 000 pieces
2 651
15
1 000 pieces
1 500
16
1 000 pieces
186
21
1 000 pieces
889
24
1 000 pieces
803
26/27
1 000 pieces
1 069
29
1 000 pieces
450
73
1 000 pieces
315
83
tonnes
178
GROUP IIIA
 
 
33
tonnes
387
36
tonnes
1 242
37
tonnes
463
50
tonnes
196
GROUP IIIB
 
 
67
tonnes
339
74
1 000 pieces
361
90
tonnes
199
GROUP IV
 
 
115
tonnes
87
117
tonnes
1 800
118
tonnes
448
Serbia (1)

GROUP IA
 
 
1
tonnes
 
2
tonnes
 
2a
tonnes
 
3
tonnes
 
GROUP IB
 
 
5
1 000 pieces
 
6
1 000 pieces
 
7
1 000 pieces
 
8
1 000 pieces
 
GROUP IIA
 
 
9
tonnes
 
GROUP IIB
 
 
15
1 000 pieces
 
16
1 000 pieces
 
GROUP IIIB
 
 
67
tonnes
 
Vietnam (2)

GROUP IB
 
 
4
1 000 pieces
 
5
1 000 pieces
 
6
1 000 pieces
 
7
1 000 pieces
 
8
1 000 pieces
 
GROUP IIA
 
 
9
tonnes
 
20
tonnes
 
39
tonnes
 
GROUP IIB
 
 
12
1 000 pairs
 
13
1 000 pieces
 
14
1 000 pieces
 
15
1 000 pieces
 
18
tonnes
 
21
1 000 pieces
 
26
1 000 pieces
 
28
1 000 pieces
 
29
1 000 pieces
 
31
1 000 pieces
 
68
tonnes
 
73
1 000 pieces
 
76
tonnes
 
78
tonnes
 
83
tonnes
 
GROUP IIIA
 
 
35
tonnes
 
41
tonnes
 
GROUP IIIB
 
 
10
1 000 pairs
 
97
tonnes
 
GROUP IV
 
 
118
tonnes
 
GROUP V
 
 
161
tonnes
 

(b)   applicable for the years 2005, 2006 and 2007


(The complete description of the goods is shown in Annex I)

Agreed levels
Third country
Category
Unit
11 June to 31 December 2005 (3)

2006
2007
China
GROUP IA
 
 
 
 
2 (including 2a)
tonnes
20 212
61 948
69 692
GROUP IB
 
 
 
 
4 (4)

1 000 pieces
161 255
540 204
594 225
5
1 000 pieces
118 783
189 719
219 674
6
1 000 pieces
124 194
338 923
382 880
7
1 000 pieces
26 398
80 493
88 543
GROUP IIA
 
 
 
 
20
tonnes
6 451
15 795
17 770
39
tonnes
5 521
12 349
13 892
GROUP IIB
 
 
 
 
26
1 000 pieces
8 096
27 001
29 701
31
1 000 pieces
108 896
219 882
248 261
GROUP IV
 
 
 
 
115
tonnes
2 096
4 740
5 214
(b)
Appendix A to Annex V is replaced by the following:
‘Appendix A to Annex V

Category
Third Country
Remarks
4
China
For the purpose of setting off exports against the agreed levels a conversion rate of five garments (other than babies' garments) of a maximum commercial size of 130 cm for three garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the agreed levels.
The export licence concerning these products must bear, in box 9, the words “The conversion rate for garments of a commercial size of not more than 130 cm must be applied”.’
(1)  Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

(2)  Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

(3)  Imports into the Community of products which were shipped to the Community before 11 June 2005 but presented for free circulation on or after that date shall not be subject to quantitative limits. Import authorisations for such products shall be granted automatically and without quantitative limits by the competent authorities of the Member States, upon adequate proof, such as the bill of lading, and the presentation of a signed declaration by the importer, that the goods have been shipped to the Community before that date. By way of derogation of Article 2(2) of Council Regulation (EEC) No 3030/93, imports of goods shipped before 11 June 2005 shall also be released for free circulation upon the presentation of a surveillance document issued in accordance with Article 10a(2a) of Council Regulation (EEC) No 3030/93.
Import authorisations for goods shipped to the Community between 11 June 2005 and 12 July shall be granted automatically and cannot be denied on the grounds that there are no quantities available within the 2005 quantitative limits. However, the import of all products shipped from 11 June 2005 will be counted against the 2005 quantitative limits.
The granting of import authorisations will not require the presentation of the corresponding export licenses for goods shipped to the Community before China has put in place its export licensing system (20 July 2005).
Applications for import licences for the import, from the date of entry into force of this Regulation, of goods that have been shipped between 11 June 2005 and 19 July 2005 (inclusive) shall be presented to the competent authorities of a Member State no later than 20 September 2005.
Goods shipped before 12 July do not need to have been shipped directly to the Community to benefit from the exemption of quantitative limits, although the competent authorities of the Community may deny such benefits if they have reasons to suspect that they have been shipped to another destination before 12 July in order to circumvent this Regulation, in case such transactions do not respond to normal business practices or purely logistical reasons. By way of example, are considered as corresponding to a normal conduct of business goods shipped to distribution centres for the importing companies, or when the importer can present a contract or letter of credit preceding the date of shipment, or when the goods have been transhipped outside China onto another means of transport within a reasonably short period of time.
The increases to the agreed levels introduced by the Regulation (EC) No 1478/2005 are made available to enable the issuance of import licences for goods shipped to the Community between 13 and 19 July 2005, or for goods shipped to the Community after 20 July 2005 with a valid Chinese export licence, which are in excess of the agreed levels introduced by Commission Regulation (EC) No 1084/2005 in Annex V to Council Regulation (EEC) No 3030/93.
Should any goods shipped to the Community between 13 and 19 July 2005 exceed these levels, the Commission may authorise the issuance of further import licences after informing the Textiles Committee, and after effecting the transfer of 2 072 924 kg of products of category 2 as provided for in Annex VIII.

(4)  See Appendix A.’


ANNEX II
In Annex VII to Regulation (EEC) No 3030/93 the table is replaced by the following:

‘TABLE
COMMUNITY QUANTITATIVE LIMITS FOR GOODS RE-IMPORTED UNDER OPT

Third country
Category
Unit
Community quantitative limits
2005
Belarus
GROUP IB
 
 
4
1 000 pieces
4 733
5
1 000 pieces
6 599
6
1 000 pieces
8 800
7
1 000 pieces
6 605
8
1 000 pieces
2 249
GROUP IIB
 
 
12
1 000 pairs
4 446
13
1 000 pieces
697
15
1 000 pieces
3 858
16
1 000 pieces
786
21
1 000 pieces
2 567
24
1 000 pieces
661
26/27
1 000 pieces
3 215
29
1 000 pieces
1 304
73
1 000 pieces
4 998
83
tonnes
664
GROUP IIIB
 
 
74
1 000 pieces
872
Serbia (1)

GROUP IB
 
 
5
1 000 pieces
 
6
1 000 pieces
 
7
1 000 pieces
 
8
1 000 pieces
 
GROUP IIB
 
 
15
1 000 pieces
 
16
1 000 pieces
 
Vietnam (2)

GROUP IB
 
 
4
1 000 pieces
 
5
1 000 pieces
 
6
1 000 pieces
 
7
1 000 pieces
 
8
1 000 pieces
 
GROUP IIB
 
 
12
1 000 pairs
 
13
1 000 pieces
 
15
1 000 pieces
 
18
tonnes
 
21
1 000 pieces
 
26
1 000 pieces
 
31
1 000 pieces
 
68
tonnes
 
76
tonnes
 
78
tonnes
 


Third country
Category
Unit
Specific agreed levels
11 June to 31 December 2005 (3)

2006
2007
China
GROUP IB
 
 
 
 
4
1 000 pieces
208
408
449
5
1 000 pieces
453
886
975
6
1 000 pieces
1 642
3 216
3 538
7
1 000 pieces
439
860
946
GROUP IIB
 
 
 
 
26
1 000 pieces
791
1 550
1 705
31
1 000 pieces
6 301
12 341
13 575

(1)  Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

(2)  Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

(3)  The relevant textile products sent from the Community to the People’s Republic of China for processing before 11 June 2005 and re-imported into the Community after that date will, upon adequate proof such as the export declaration, benefit from these provisions.’


ANNEX III
In Annex VIII to Regulation (EEC) No 3030/93 the table is replaced by the following:



‘1.
COUNTRY

2.
Advance utilisation

3.
Carry-over

4.
Transfers from category 1 to categories 2 and 3

5.
Transfers between categories 2 and 3

6.
Transfers between categories 4, 5, 6, 7, 8

7.
Transfers from Groups I, II, III to Groups II, III, IV

8.
Maximum increase in any category

9.
Additional conditions
Belarus
5 %
7 %
4 %
4 %
4 %
5 %
13,5 %
With regard to column 7, transfers can also be made from and to Group V. For Group I categories the limit in column 8 is 13 %
Serbia
5 %
10 %
12 %
12 %
12 %
12 %
17 %
With regard to column 7, transfers can be made from any category in Groups I, II and III to Groups II and III.
China
5 %
7 %
 
 
 
 
 
Transfers between categories 4, 5, 6, 7, 26 and 31: 4 %.
Transfers between categories 2, 20, 39 and 115: 4 %.
2 072 924 kg of category 2 can be transferred by the Commission in 2005 into categories 4, 5, 6, 7, 20, 26, 31, 39 and 115.
Before any such transfers can be carried out, prior authorisation from the Commission is necessary. The implementation of such transfers shall be made public.’