Commission Regulation (EC) No 1715/97 of 3 September 1997 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalized preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community
Commission Regulation (EC) No 1715/97of 3 September 1997derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalized preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs CodeOJ L 302, 19. 10. 1992, p. 1., as last amended by Regulation (EC) No 82/97 of the European Parliament and of the CouncilOJ L 17, 21. 1. 1997, p. 1., and in particular Article 249 thereof,Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs CodeOJ L 253, 11. 10. 1993, p. 1., as last amended by Regulation (EC) No 1427/97OJ L 196, 24. 7. 1997, p. 31., and in particular Article 76 thereof,Whereas, by Council Regulation (EC) No 3281/94 of 19 December 1994 applying a four-year scheme of generalized tariff preferences (1995 to 1998) in respect of certain industrial products originating in developing countriesOJ L 348, 31. 12. 1994, p. 1., as last amended by Commission Regulation (EC) No 998/97OJ L 144, 4. 6. 1997, p. 13. the Community gave such preferences to Nepal;Whereas Articles 67 et seq. of Regulation (EEC) No 2454/93 establish the definition of the concept of originating products to be used for the purposes of generalized tariff preferences; whereas Article 76 of the Regulation provides however, for derogations to those provisions in favour of least-developed GSP beneficiary countries which submit an appropriate request to that effect to the Community;Whereas the Government of Nepal has applied for such a derogation in respect of certain textile products; whereas at the Community's request Nepal has provided the requisite additional economic information;Whereas the request submitted by Nepal satisfies the requirements of Article 76; whereas in particular the introduction of quantitative conditions (on annual basis) reflecting the Community market's capacity to absorb the Nepalese products, Nepal's export capacity and actual recorded trade flows is such as to prevent injury to the corresponding branches of Community industry;Whereas in order to encourage regional cooperation among beneficiary countries it is desirable to provide that the raw materials to be used in Nepal in the context of this derogation should originate in countries belonging to the Association of South-East Asian Nations (Asean) (except Myanmar), the South Asian Association for Regional Cooperation (SAARC) or the Lomé Convention;Whereas any demand to extend application of the derogation beyond the quantities provided for must be considered in consultation with the Nepalese authorities;Whereas the derogation may not in any case apply beyond 31 December 1998, when the current scheme of generalized tariff preferences for industrial products expires;Whereas the measures provided for in this Regulation is in conformity with the opinion of the Customs Code Committee (Origin Section),HAS ADOPTED THIS REGULATION:
Article 11.By way of derogation from Articles 67 et seq. of Regulation (EEC) No 2454/93, products listed in the annex to this Regulation which are manufactured in Nepal from woven fabric (woven items) or yarn (knitted items) imported into that country and originating in a country belonging to the Association of South-East Asian Nations (Asean) (except Myanmar), the South Asian Association for Regional Cooperation (SAARC) or the Lomé Convention shall be regarded as originating in Nepal in accordance with the arrangements set out below.2.For the purposes of paragraph 1, products shall be considered as originating in Asean or SAARC when they are obtained in these countries according to the rules of origin provided in Regulation (EEC) No 2454/93, or as originating in the beneficiary countries of the Lomé Convention when they are obtained in these countries according to the rules of origin provided in Protocol No 1 to the Fourth ACP-EEC ConventionOJ L 229, 17. 8. 1991, p. 1..3.The competent authorities of Nepal shall undertake to take all of the necessary measures to ensure compliance with the provisions of paragraph 2.
Article 2The derogation provided for in Article 1 shall apply to products, imported into the Community from Nepal during the period from 1 August 1997 to 31 December 1998, up to the annual quantities listed in the Annex against each product.
Article 3The quantities referred to in Article 2 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that they are managed efficiently.Where an importer presents a declaration for release for free circulation in a Member State, applying to take advantage of the provisions of this Regulation, and the declaration is accepted by the customs authorities, the Member State concerned shall notify the Commission and draw an amount corresponding to its requirements.Requests for drawings, indicating the date on which the declarations were accepted, shall be sent to the Commission without delay.Drawings shall be granted by the Commission by reference to the date on which the customs authorities of the Member State concerned accepted the declaration for release for free circulation, to the extent that the available balance so permits.If a Member State does not use the amount drawn it shall return it as soon as possible to the corresponding quantity.If the amounts requested are greater than the available balance of the quantity in question, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made.Each Member State shall ensure that importers of the products in question have equal and continuous access to the quantities for as long as the balance of the relevant quantity so permits.
Article 4When drawings under Article 3 account for 80 % of the quantities shown in the Annex, the Commission, in consultation with the Nepalese authorities, shall consider whether it is necessary to extend application of the derogation beyond those quantities.
Article 5The following shall be entered in box 4 of certificates of origin Form A issued under this Regulation:"Derogation — Regulation (EC) No 1715/97"
Article 6In case of doubt, the Member States may demand a copy of the document certifying the origin of the materials used in Nepal under this derogation. Such a demand may be made at the time of entry into free circulation of the goods benefiting from the provisions of this Regulation, or within the framework of the administrative cooperation for which provision is made in Article 94 of Regulation (EEC) No 2454/93.
Article 7This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.It shall apply from 1 August 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 3 September 1997.For the CommissionMario MontiMember of the CommissionANNEX
Order NoTextile categoryCombined NomenclatureDescription of goodsQuantity (1.1-31.12)
09.81014610510006105201061052090610590106109100061099010610990306110201061103010Shirts, T-shirts, lightweight fine-knit roll-, polo- or turtle-necked jumpers and pullovers (other than of wool or fine animal-hair), undervests and the like, knitted or crocheted684602 pieces
09.810256101109061012090610130906102109061022090610230906110101061101031611010356110103861101091611010956110109861102091611020996110309161103099Jerseys, pullovers, slip-overs, waistcoats, twinsets, cardigans bed-jackets and jumpers (other than jackets and blazers), anoraks, windcheaters, waister jackets and the like, knitted or crocheted235793 pieces
09.810366203411062034190620342316203423362034235620342906203431962034390620349196203495062046110620462316204623362046239620463186204691862113242621133426211424262114342Men's or boys' woven breeches, shorts other than swimwear and trousers (including slacks); women's or girls' woven trousers and slacks, of wool, of cotton or of man-made fibres; lower parts of tracksuits with lining, other than category 16 or 29, of cotton or of man-made fibres140258 pieces
09.81047610610006106200061069010620620006206300062064000Women's or girls' blouses, shirts and shirt-blouses, whether or not knitted or crocheted, of wool, of cotton or of man-made fibres208742 pieces
09.81058620510006205200062053000Men's or boys' shirts, other than knitted or crocheted, of wool, of cotton or of man-made fibres177688 pieces
09.810610611110106111201061113010ex61119000611610206116108061169100611692006116930061169900Gloves, mittens and mitts, knitted or crocheted23229 pairs
09.8107126115120061151910611519906115201161152090611591006115920061159310611593306115939961159900Panty-hose and tights, stockings, understockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, other than for babies, including stockings for varicose veins, other than products of category 7019312 pairs
09.810813610711006107120061071900610821006108220061082900Men's or boys' underpants and briefs, women's or girls' knickers and briefs, knitted or crocheted, of wool, of cotton or of man-made fibres1100 pieces
09.81091462011100ex62011210ex62011290ex62011310ex6201139062102000Men's or boys' woven overcoats, raincoats and other coats, cloaks and capes, of wool, of cotton or of man-made fibres (other than parkas of category 21)10805 pieces
09.81 101562021100ex62021210ex62021290ex62021310ex620213906204310062043290620433906204391962103000Women's or girls' woven overcoats, raincoats and other coats, cloaks and capes; jackets and blazers, of wool, of cotton or of man made fibres (other than parkas of category 21)61631 pieces
09.81 111662031100620312006203191062031930620321006203228062032380620329186211323162113331Men's or boys' suits and ensembles, other than knitted or crocheted, of wool, of cotton or of man-made fibres, excluding ski suits; men's or boys' tracksuits with lining, with an outer shell of a single identical fabric, of cotton or of man-made fibres.3735 pieces
09.81 121762033100620332906203339062033919Men's or boys' jackets and blazers, other than knitted or crocheted, of wool, of cotton or of man-made fibres36864 pieces
09.81 1318620711006207190062072100620722006207290062079110620791906207920062079900Men's or boys' singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted35,2 tonnes
620811006208191062081990620821006208220062082900620891116208911962089190620892106208929062089900Women's or girls singlets and other vests, slips, petti-coats, briefs, panties, nightdresses, pyjamas, négligés, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted
09.81 1421ex62011210ex62011290ex62011310ex62011390620191006201920062019300ex62021210ex62021290ex62021310ex6202139062029100620292006202930062113241621133416211424162114341Parkas; anoraks, wind-cheaters, waister jackets and the like, other than knitted or crocheted, of wool, of cotton or of man-made fibres; upper parts of tracksuits with lining, other than category 16 or 29, of cotton or of man-made fibres22766 pieces
09.81 1524610721006107220061072900610791106107919061079200ex61079900Men's or boys' nightshirts, pyjamas, bathrobes, dressing-gowns and similar articles, knitted or crocheted70512 pieces
61083110610831906108321161083219610832906108390061089110610891906108920061089910Women's or girls' nightdresses, pyjamas, négligés, bathrobes, dressing-gowns and similar articles, knitted or crocheted
09.81 16266104410061044200610443006104440062044100620442006204430062044400Women's or girls' dresses, of wool, of cotton or of man-made fibres281140 pieces
09.81 17276104510061045200610453006104590062045100620452006204530062045910Women's or girls' skirts, including divided skirts34716 pieces
09.81 182861034110610341906103421061034290610343106103439061034910610349916104611061046190610462106104629061046310610463906104691061046991Trousers, bib-and-brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, of wool, of cotton or of man-made fibres56206 pieces
09.81 192962041100620412006204130062041910620421006204228062042380620429186211423162114331Women's or girls' suits and ensembles, other than knitted or crocheted, of wool, of cotton or of manmade fibres, excluding ski-suits; women's or girls' tracksuits with lining, with an outer shell of an identical fabric, of cotton or of man-made fibres14565 pieces
09.81 203162121000Brassieres, woven, knitted or crocheted1100 pieces
09.81 2168611110906111209061113090ex61119000ex62091000ex62092000ex62093000ex62099000Babies' garments and clothing accessories, excluding babies' gloves, mittens and mitts of categories 10 and 87, and babies' stockings, socks and sockettes, other than knitted or crocheted, of category 883,3 tonnes
09.81226961081110610811906108191061081990Women's or girls' slips and petticoats, knitted or crocheted1100 pieces
09.81237261123110611231906112391061123990611241106112419061124910611249906211110062111200Swimwear, of wool, of cotton or of man-made fibres1100 pieces
09.812473611211006112120061121900Tracksuits, of knitted or crocheted fabric, of wool, of cotton or of man-made fibres1100 pieces
09.812574610411006104120061041300ex61041900610421006104220061042300ex61042900Women's or girls' knitted or crocheted suits and ensembles, of wool, of cotton or of man-made fibres, excluding ski-suits5517 pieces
09.81267561031100610312006103190061032100610322006103230061032900Men's or boys' knitted or crocheted suits and ensembles, of wool, of cotton or of man-made fibres, excluding ski-suits3456 pieces
09.812776620322106203231062032911620332106203331062033911620342116203425162034311620343316203491162034931Men's or boys' industrial or occupational clothing, other than knitted or crocheted1,1 tonne
62042210620423106204291162043210620433106204391162046211620462516204631162046331620469116204693162113210621133106211421062114310Women's or girls' aprons, smock-overalls and other industrial or occupational clothing, other than knitted or crocheted
09.8128786203413062034259620343396203493962046180620461906204625962046290620463396204639062046939620469506210400062105000621131006211329062113390621141006211429062114390Garments, other than knitted or crocheted, excluding garments of categories 6, 7, 8, 14, 15, 16, 17, 18, 21, 26, 27, 29, 68, 72, 76 and 7737,4 tonnes
09.812983610110106101201061013010610210106102201061023010610331006103320061033300ex61033900610431006104320061043300ex610439006112200061130090611410006114200061143000Overcoats, jackets, blazers and other garments, including ski-suits, knitted or crocheted, excluding garments of categories 4, 5, 7, 13, 24, 26, 27, 28, 68, 69, 72, 73, 74 and 7539,6 tonnes
09.81308462142000621430006214400062149010Shawls, scarves, mufflers, mantillas, veils and the like, other than knitted or crocheted, of wool, of cotton or of man-made fibres1,1 tonne
09.813186621220006212300062129000Corsets, corset-belts, suspender-belts, braces, suspenders, garters and the like, and parts thereof, whether or not knitted or crocheted1100 pieces
09.813215661069030ex61109090Women's or girls' blouses or pullovers, knitted or crocheted, of silk or of silk-waste2.2 tonnes
09.81 3315761019010610190906102901061029090ex6103390061034999ex61041900ex61042900ex610439006104490061046999610590906106905061069090ex61079900610899906109909061109010ex61109090ex6111900061149000Garments, knitted or crocheted, other than those of categories 1 to 123 and of category 1562,2 tonnes
09.81341596204491062061000Dresses, blouses and shirt-blouses, not knitted or crocheted, of silk or of silk-waste2,2 tonnes
62151000Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of silk or of silk-waste
Ties, bow-ties and cravats, of silk or of silk-waste62141000
09.8135161620119006201990062021900620299006203199062032990620339906203499062041990620429906204399062044990620459906204699062059010620590906206901062069090ex621120006211390062114900Garments, not knitted or crocheted, other than those of categories 1 to 123 and of category 1591,1 tonne