Commission Regulation (EC) No 1615/2000 of 24 July 2000 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 generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community
Modified by
  • Commission Regulation (EC) No 293/2002of 15 February 2002amending Regulation (EC) No 1615/2000 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 generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community, 302R0293, February 16, 2002
  • Commission Regulation (EC) No 2188/2004of 20 December 2004amending Regulation (EC) No 1615/2000 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 generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community, 304R2188, December 21, 2004
  • Commission Regulation (EC) No 1808/2006of 7 December 2006amending Regulation (EC) No 1615/2000 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 generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community, 306R1808, December 8, 2006
  • Commission Regulation (EC) No 1245/2008of 12 December 2008amending Regulation (EC) No 1615/2000 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 generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community, 308R1245, December 13, 2008
Corrected by
  • Corrigendum to Commission Regulation (EC) No 1615/2000 of 24 July 2000 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 generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community, 300R1615R(01), August 26, 2000
Commission Regulation (EC) No 1615/2000of 24 July 2000derogating 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 generalised 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 955/1999 of the European Parliament and of the CouncilOJ L 119, 7.5.1999, 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 1662/1999OJ L 197, 29.7.1999, p. 25., and in particular Article 76 thereof, Whereas: (1)By Council Regulation (EC) No 2820/98 of 21 December 1998 applying a multiannual scheme of generalised tariff preferences for the period 1 July 1999 to 31 December 2001OJ L 357, 30.12.1998, p. 1., as last amended by Commission Regulation (EC) No 1310/2000OJ L 148, 22.6.2000, p. 28., the Community gave such preferences to Nepal. (2)Articles 67 to 97 of Regulation (EEC) No 2454/93 establish the definition of the concept of originating products to be used for the purposes of generalised tariff preferences. Article 76 of that 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. (3)By Commission Regulation (EC) No 1539/1999OJ L 178, 14.7.1999, p. 42., Nepal obtained such a derogation for certain textiles, for the period from 15 July 1999 to 14 July 2000. (4)The request submitted by Nepal satisfies the requirements of Article 76 of Regulation (EEC) No 2454/93. In particular, the introduction of quantitative conditions (on an 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. The derogation should be adapted, however, with reference to the economic needs. (5)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), to the South Asian Association for Regional Cooperation (SAARC) or to the ACP-EC Partnership Agreement. (6)The open and effective administration of these measures should be ensured by applying the relevant provisions, for the management of tariff quotas, laid down in Regulation (EEC) No 2454/93, as amended by Regulation (EC) No 1427/97OJ L 196, 24.7.1997, p. 31.. (7)Any demand to extend application of the derogation beyond the quantities provided for must be considered in consultation with the Nepalese authorities. (8)To be fully effective, the derogation should be granted for a reasonable length of time, that is, until 31 December 2001 when Regulation (EC) No 2820/98 expires. (9)The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, HAS ADOPTED THIS REGULATION:
Article 1 1. By way of derogation from Articles 67 to 97 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), to the South Asian Association for Regional Cooperation (SAARC) or to the ACP-EC Partnership Agreement 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 for in Articles 67 to 97 of Regulation (EEC) No 2454/93, or as originating in the beneficiary countries of the ACP-EC Partnership Agreement when they are obtained in those countries according to the rules of origin provided in Protocol No 1 to the ACP-EC Partnership AgreementNot yet published in the Official Journal.. 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 2 The derogation provided for in Article 1 shall apply to products transported directly from Nepal and imported into the Community up to the annual quantities listed in the Annex against each product during the period from 15 July 2000 until the date of application of an amendment to Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences, but in any event that derogation shall cease to apply on 31 December 2010.
Article 3 The quantities referred to in Article 2 shall be managed by the Commission, in accordance with the provisions laid down in Articles 308a to 308c of Regulation (EEC) No 2454/93.
Article 4 When 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 5 1. The competent authorities of Nepal shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1. 2. The following shall be entered in box 4 of certificates of origin form A issued by the competent authorities of Nepal pursuant to this Regulation: "Derogation — Regulation (EC) No 1615/2000". 3. The competent authorities of Nepal shall forward to the Commission every month a statement of the quantities in respect of which certificates of origin form A have been issued pursuant to this Regulation and the serial numbers of those certificates.
Article 6 In 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 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 7 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX
Order No Textile category Combined Nomenclature Description of goods Quantity (1.1 to 31.12)
09.8103 6 6203411062034190620342316203423362034235620342906203431962034390620349196203495062046110620462316204623362046239620463186204691862113242621133426211424262114342 Men'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 fibres 573674 pieces
09.8104 7 610610006106200061069010620620006206300062064000 Women's or girls' blouses, shirts and shirt-blouses, whether or not knitted or crocheted, of wool, of cotton or of man-made fibres 445688 pieces
09.8105 8 620510006205200062053000 Men's or boys' shirts, other than knitted or crocheted, of wool, of cotton or of man-made fibres 97747 pieces
09.8106 10 611110106111201061113010ex61119000611610206116108061169100611692006116930061169900 Gloves, mittens and mitts, knitted or crocheted 1246351 pairs
09.8107 12 61151200611519006115201161152090611591006115920061159310611593306115939961159900 Panty-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 70 553615 pairs
09.8109 14 62011100ex62011210ex62011290ex62011310ex6201139062102000 Men'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) 55003 pieces
09.8110 15 62021100ex62021210ex62021290ex62021310ex620213906204310062043290620433906204391962103000 Women'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) 380049 pieces
09.8111 16 62031100620312006203191062031930620321006203228062032380620329186211323162113331 Men'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 32985 pieces
09.8112 17 62033100620332906203339062033919 Men's or boys' jackets and blazers, other than knitted or crocheted, of wool, of cotton or of man-made fibres 123685 pieces
09.8113 18 620711006207190062072100620722006207290062079110620791906207920062079900 Men's or boys' singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted 252 tonnes
6208110062081910620819906208210062082200620829006208911162089119620891906208920062089900ex62121010 Women's or girls' singlets and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted
09.8114 21 ex62011210ex62011290ex62011310ex62011390620191006201920062019300ex62021210ex62021290ex62021310ex6202139062029100620292006202930062113241621133416211424162114341 Parkas; 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 fibres 30083 pieces
09.8116 26 6104410061044200610443006104440062044100620442006204430062044400 Women's or girls' dresses, of wool, of cotton or of man-made fibres 1615767 pieces
09.8117 27 6104510061045200610453006104590062045100620452006204530062045910 Women's or girls' skirts, including divided skirts 349416 pieces
09.8119 29 62041100620412006204130062041910620421006204228062042380620429186211423162114331 Women's or girls' suits and ensembles, other than knitted or crocheted, of wool, of cotton or of man-made 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 fibres 135935 pieces
09.8120 31 ex6212101062121090 Brassières, woven, knitted or crocheted 1100 pieces
09.8121 68 611110906111209061113090ex61119000ex62091000ex62092000ex62093000ex62099000 Babies' 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 88 19 tonnes
09.8123 72 61123110611231906112391061123990611241106112419061124910611249906211110062111200 Swimwear, of wool, of cotton or of man-made fibres 7112 pieces
09.8127 76 6203221062032310620329116203321062033310620339116203421162034251620343116203433162034911620349316211321062113310 Men's or boys' industrial or occupational clothing, other than knitted or crocheted 6 tonnes
6204221062042310620429116204321062043310620439116204621162046251620463116204633162046911620469316211421062114310 Women's or girls' aprons, smock-overalls and other industrial or occupational clothing, other than knitted or crocheted
09.8128 78 6203413062034259620343396203493962046180620461906204625962046290620463396204639062046939620469506210400062105000621131006211329062113390621141006211429062114390 Garments, 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 77 95 tonnes
09.8130 84 62142000621430006214400062149010 Shawls, scarves, mufflers, mantillas, veils and the like, other than knitted or crocheted, of wool, of cotton or of man-made fibres 75 tonnes
09.8131 86 621220006212300062129000 Corsets, corset-belts, suspender-belts, braces, suspenders, garters and the like, and parts thereof, whether or not knitted or crocheted 1100 pieces
09.8134 159 6204491062061000 Dresses, blouses and shirt-blouses, not knitted or crocheted, of silk or of silk waste 5 tonnes
62141000 Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of silk or of silk-waste
62151000 Ties, bow-ties and cravats, of silk or of silk-waste
09.8135 161 620119006201990062021900620299006203199062032990620339906203499062041990620429906204399062044990620459906204699062059010620590906206901062069090ex621120006211390062114900 Garments, not knitted or crocheted, other than those of categories 1 to 123 and of category 159 62 tonnes
09.8136 20 63022100630222906302299063023110630231906302329063023990 Bed linen, other than knitted or crocheted 3 tonnes
09.8137 40 ex63039100ex63039290ex6303999063041910ex6304199063049200ex63049300ex63049900 Woven curtains (including drapes, interior blinds, curtain and bed valances and other furnishing articles), other than knitted or crocheted, of wool, of cotton or of man-made fibres 80 tonnes
09.8138 91 630621006306220063062900 Tents 1,1 tonnes
09.8139 109 6306110063061200630619006306310063063900 Tarpaulins, sails, awnings and sunblinds 11 tonnes
09.8140 110 6306410063064900 Woven pneumatic mattresses 1,1 tonnes
09.8141 111 6306910063069900 Camping goods, woven, other than pneumatic mattresses and tents 1,1 tonnes