Commission Regulation (EC) No 35/2006 of 11 January 2006 amending Annexes I, V and VII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
35/2006 • 32006R0035
Legal Acts - Regulations
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12.1.2006
EN
Official Journal of the European Union
L 7/8
COMMISSION REGULATION (EC) No 35/2006
of 11 January 2006
amending Annexes I, V and VII 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 Article 19 thereof,
Whereas:
(1)
For the implementation of the Memorandum of Understanding between the European Commission and its Chinese counterpart it is necessary to reintroduce the original provisions under Annex I regarding the product description.
(2)
The Council has approved by Decision 2005/948/EC (2) the signing and the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products.
(3)
Regulation (EEC) No 3030/93 should therefore be amended accordingly.
(4)
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.
in Annex I, paragraph 2 is replaced by the following:
‘2.
When the constitutive material of the products of categories 1 to 114 originating in Vietnam and China is not specifically mentioned, these products shall be taken to be made exclusively of wool of or fine animal hair, of cotton or of man-made fibres.’;
2.
Annex V is replaced by the text in Annex I to this Regulation;
3.
in Annex VII, the table is replaced by the table in Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply with effect from 1 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 January 2006.
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 1478/2005 (OJ L 236, 13.9.2005, p. 3).
(2) OJ L 345, 28.12.2005, p. 21.
ANNEX I
Annex V to Regulation (EEC) No 3030/93 is replaced by the following:
ANNEX V
COMMUNITY QUANTITATIVE LIMITS
(a) applicable for the year 2006
(The complete description of the goods is shown in Annex I)
Community quantitative limits
Third country
Category
Unit
2006
Belarus
GROUP IA
1
tonnes
1 585
2
tonnes
6 000
3
tonnes
242
GROUP IB
4
1 000 pieces
1 672
5
1 000 pieces
1 105
6
1 000 pieces
1 550
7
1 000 pieces
1 252
8
1 000 pieces
1 160
GROUP IIA
9
tonnes
363
20
tonnes
329
22
tonnes
524
23
tonnes
255
39
tonnes
241
GROUP IIB
12
1 000 pairs
5 959
13
1 000 pieces
2 651
15
1 000 pieces
1 569
16
1 000 pieces
186
21
1 000 pieces
930
24
1 000 pieces
844
26/27
1 000 pieces
1 117
29
1 000 pieces
468
73
1 000 pieces
329
83
tonnes
184
GROUP IIIA
33
tonnes
387
36
tonnes
1 309
37
tonnes
463
50
tonnes
207
GROUP IIIB
67
tonnes
356
74
1 000 pieces
377
90
tonnes
208
GROUP IV
115
tonnes
95
117
tonnes
2 100
118
tonnes
471
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
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 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 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 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 (OJ L 177, 9.7.2005, p. 19) in Annex V to 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 REIMPORTED UNDER OPT
Community quantitative limits
Third country
Category
Unit
2006
Belarus
GROUP IB
4
1 000 pieces
5 055
5
1 000 pieces
7 047
6
1 000 pieces
9 398
7
1 000 pieces
7 054
8
1 000 pieces
2 402
GROUP IIB
12
1 000 pairs
4 749
13
1 000 pieces
744
15
1 000 pieces
4 120
16
1 000 pieces
839
21
1 000 pieces
2 741
24
1 000 pieces
706
26/27
1 000 pieces
3 434
29
1 000 pieces
1 392
73
1 000 pieces
5 337
83
tonnes
709
GROUP IIIB
74
1 000 pieces
931
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 reimported into the Community after that date will, upon adequate proof such as the export declaration, benefit from these provisions.’