Commission Regulation (EC) No 1084/2005 of 8 July 2005 amending Annexes II, III and V to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
Commission Regulation (EC) No 1084/2005of 8 July 2005amending Annexes II, III and V to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countriesTHE 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 countriesOJ L 275, 8.11.1993, p. 3. Regulation as last amended by Commission Regulation (EC) No 930/2005 (OJ L 162, 23.6.2005, p. 1)., and in particular Article 19 thereof,Whereas:(1)On 1 January 2005, with the expiry of the WTO Agreement on Textile and Clothing, quotas on the imports of textile and clothing product categories were eliminated vis-à-vis WTO Members.(2)On 13 December 2004, ahead of the liberalisation of the quotas, the Community introduced by Council Regulation (EC) No 2200/2004OJ L 374, 22.12.2004, p. 1. a surveillance system for the 35 textile product categories concerned by the liberalisation.(3)Paragraph 242 of the Working Party Report of the Accession of the People’s Republic of ChinaDocument WT/MIN(01)3 of 10 November 2001. (the PRC) to the WTO (the Textile Specific Safeguard Clause, or TSSC) introduced the possibility of specific safeguard measures on Chinese textile exports. It states that, where a WTO Member believed that imports of Chinese origin of textiles were, due to market disruption, threatening to impede the orderly development of trade in these products the Member could request consultations with the PRC with a view to easing or avoiding such market disruption.(4)By Regulation (EC) No 138/2003OJ L 23, 28.1.2003, p. 1., the Council inserted Article 10a in Regulation (EEC) No 3030/93 in order to transpose paragraph 242 of the Working Party Report into Community legislation.(5)On 6 April 2005, the Commission adopted indicative guidelines on the application of Article 10a of Regulation (EEC) No 3030/93 concerning a textiles specific safeguard clause (the Guidelines).(6)The European Commission requested and held consultations with the PRC in the framework of paragraph 242 of the Working Party Report on the PRC’s Accession to the WTO and Article 10a of Regulation (EEC) No 3030/93 for the product categories in which imports originating in the PRC were believed to threaten to impede, due to market disruption, the orderly development of trade. Such consultations were concluded on 10 June 2005 and led to a mutually satisfactory solution for 10 product categories. The result of the consultations is reflected in a Memorandum of Understanding on the export of certain Chinese Textile and Clothing Products to the European Union between the European Commission and the Ministry of Commerce of the People’s Republic of China of the same date.(7)The Memorandum of Understanding covers imports from the PRC into the Community of ten product categories: category 2 (cotton fabrics), category 4 (T-shirts), category 5 (pullovers), category 6 (trousers), category 7 (blouses), category 20 (bed linen), category 26 (dresses), category 31 (brassieres), category 39 (table and kitchen linen) and category 115 (flax or ramie yarn). The corresponding customs codes are those listed in Annex I to Regulation (EEC) No 3030/93.(8)The Commission believes that imports of Chinese origin of those categories, due to the existence or threat of market disruption, threaten to impede the orderly development of trade within the meaning of paragraph 242 of the Working Party Report on the PRC’s Accession to the WTO and Article 10a of Regulation (EEC) No 3030/93 for the following reasons.(9)Imports of category 2 (cotton fabrics) originating in the PRC increased by 71 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 124 % of the alert level specified by the Guidelines (the alert level). Imports of this category from all countries increased slightly, by 4 %, during the same period. However, the average price of Chinese origin imports has decreased by 21 % (according to import surveillance data), much faster than the average price of other countries (– 2 % based on January-March Eurostat data). This situation is more acute as regards imports of products of sub-category 2A (denim fabrics), as imports from China in the first quarter of 2005 increased by 102 % as compared with the same period of 2004, whilst total imports increased by 15 % and average unit prices dropped by 20 %.(10)Imports of category 4 (T-shirts) originating in the PRC increased by 199 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 197 % of the alert level. Imports of this category from all countries increased by 24 %, during the same period. The average price of Chinese origin imports has decreased by 37 %.(11)Imports of category 5 (pullovers) originating in the PRC increased by 530 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 194 % of the alert level. Imports of this category from all countries increased by 14 %, during the same period. The average price of Chinese origin imports has decreased by 42 %.(12)Imports of category 6 (trousers) originating in the PRC increased by 413 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 312 % of the alert level. Imports of this category from all countries increased by 18 %, during the same period. The average price of Chinese origin imports has decreased by 14 %.(13)Imports of category 7 (blouses) originating in the PRC increased by 256 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 207 % of the alert level. Imports of this category from all countries increased by 4 %, during the same period. The average price of Chinese origin imports has decreased by 30 %.(14)Imports of category 20 (bed linen) originating in the PRC increased by 158 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 107 % of the alert level. Imports of this category from all countries increased by 6 %, during the same period. The average price of Chinese origin imports has decreased by 34 %.(15)Imports of category 26 (dresses) originating in the PRC increased by 219 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 212 % of the alert level. Imports of this category from all countries increased by 1 %, during the same period. The average price of Chinese origin imports has increased by 2 % as reported by the surveillance system. However, actual Eurostat figures for the first quarter show a large price drop of 42 %.(16)Imports of category 31 (brassieres) originating in the PRC increased by 110 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 145 % of the alert level. Imports of this category from all countries increased by 6 %, during the same period. The average price of Chinese origin imports has decreased by 37 %.(17)Imports of category 39 (table and kitchen linen) originating in the PRC increased by 64 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 110 % of the alert level. Imports of this category from all countries increased by 10 %, during the same period. The average price of Chinese origin imports has decreased by 39 %.(18)Imports of category 115 (flax or ramie yarn) originating in the PRC increased by 55 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 150 % of the alert level. Imports of this category from all countries increased by 40 %, during the same period. The average price of Chinese origin imports has remained stable (it has increased by 3 % according to import surveillance figures or remained unchanged according to Eurostat). However, it should be noticed that the average unit price of Chinese origin imports is less than half the average rice practiced by the Community producers.(19)The import levels for textile and clothing products from the PRC and other implementation arrangements set out in the Memorandum of Understanding should be transposed in Regulation (EEC) No 3030/93.(20)Article 27 of Annex III of Regulation (EEC) No 3030/93 should be amended to further detail the provisions for data transmission by Member States in the framework of the system of the a posteriori statistical surveillance for certain textiles products.(21)Regulation (EEC) No 3030/93 should therefore be amended accordingly.(22)The Regulation shall enter into force on the third day after its publication in order to provide for a rapid implementation of the Memorandum of Understanding.(23)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 1Annexes II, III and V to Regulation (EEC) No 3030/93 are amended as set out in the Annex to this Regulation.Article 2This Regulation shall enter into force on the third 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, 8 July 2005.For the CommissionPeter MandelsonMember of the CommissionANNEX1.Annex II is replaced by the following:
2.Annex III is amended as follows:(a)Article 27 is replaced by the following:"Article 27Textile products listed in tables C and D shall be subject to a system of a posteriori statistical surveillance. That surveillance should be administered in accordance with the scheme laid down in Article 308d of Commission Regulation (EEC) No 2454/93OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).". After release for free circulation of the products, the competent authorities of the Member States shall notify the Commission, if possible on a weekly basis but not less frequently than by the 12th of each month for the preceding month, of the total quantities imported and their value, indicating the date of release into free circulation of the products, origin of the products and order number. Such information shall indicate the combined nomenclature code and where appropriate the TARIC subdivisions, the category of products to which they belong, and where applicable the supplementary units required for that nomenclature code. The information has to be in a format compatible with the Surveillance system managed by Directorate-General for Taxation and Customs Union.
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OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5)."(b)Article 28(6) is replaced by the following:"6.This number shall be composed of the following elements:two letters identifying the exporting country as follows:Belarus = BYChina = CNSerbia = XSUzbekistan = UZVietnam = VNtwo letters identifying the intended Member State of destination, or group of such Member States, as follows:AT = AustriaBL = BeneluxCY = CyprusCZ = Czech RepublicDE = Federal Republic of GermanyDK = DenmarkEE = EstoniaGR = GreeceES = SpainFI = FinlandFR = FranceGB = United KingdomHU = HungaryIE = IrelandIT = ItalyLT = LithuaniaLV = LatviaMT = MaltaPL = PolandPT = PortugalSE = SwedenSI = SloveniaSK = Slovakiaa one-digit number identifying the quota year or the year under which exports were recorded, in the case of products listed in table A of this Annex, corresponding to the last figure in the year in question, e.g. "5" for 2005 and "6" for 2006.a two-digit number identifying the issuing office in the exporting country,a five-digit number running consecutively from 00001 to 99999 allocated to the specific Member State of destination."(c)Table B is replaced by the following:
"Countries and categories subject to the system of surveillance
Third country
Group
Category
Unit
China
I A
1
tonnes
3
tonnes
of which 3a
tonnes
ex 20
tonnes
I B
8
1000 pieces
II A
9
tonnes
22
tonnes
23
tonnes
II B
12
1000 pairs
13
1000 pieces
14
1000 pieces
15
1000 pieces
16
1000 pieces
17
1000 pieces
28
1000 pieces
29
1000 pieces
78
tonnes
83
tonnes
III A
35
tonnes
III B
97
tonnes
IV
117
tonnes
118
tonnes
122
tonnes
V
136A
tonnes
156
tonnes
157
tonnes
159
tonnes
163
tonnes"
3.Annex V is replaced by the following:
"ANNEX IIEXPORTING COUNTRIES REFERRED TO IN ARTICLE 1BelarusChinaRussiaSerbiaUkraineUzbekistanVietnam""ANNEX VCOMMUNITY QUANTITATIVE LIMITS(a)Applicable for the year 2005(The complete description of the goods is shown in Annex I)
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.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.
Third country
Category
Unit
Community quantitative limits
2005
Belarus
GROUP I A
1
tonnes
1585
2
tonnes
5100
3
tonnes
233
GROUP I B
4
1000 pieces
1600
5
1000 pieces
1058
6
1000 pieces
1400
7
1000 pieces
1200
8
1000 pieces
1110
GROUP II A
9
tonnes
363
20
tonnes
318
22
tonnes
498
23
tonnes
255
39
tonnes
230
GROUP II B
12
1000 pairs
5958
13
1000 pieces
2651
15
1000 pieces
1500
16
1000 pieces
186
21
1000 pieces
889
24
1000 pieces
803
26/27
1000 pieces
1069
29
1000 pieces
450
73
1000 pieces
315
83
tonnes
178
GROUP III A
33
tonnes
387
36
tonnes
1242
37
tonnes
463
50
tonnes
196
GROUP III B
67
tonnes
339
74
1000 pieces
361
90
tonnes
199
GROUP IV
115
tonnes
87
117
tonnes
1800
118
tonnes
448
Serbia
GROUP I A
1
tonnes
2
tonnes
2a
tonnes
3
tonnes
GROUP I B
5
1000 pieces
6
1000 pieces
7
1000 pieces
8
1000 pieces
GROUP II A
9
tonnes
GROUP II B
15
1000 pieces
16
1000 pieces
GROUP III B
67
tonnes
Vietnam
GROUP I B
4
1000 pieces
5
1000 pieces
6
1000 pieces
7
1000 pieces
8
1000 pieces
GROUP II A
9
tonnes
20
tonnes
39
tonnes
GROUP II B
12
1000 pairs
13
1000 pieces
14
1000 pieces
15
1000 pieces
18
tonnes
21
1000 pieces
26
1000 pieces
28
1000 pieces
29
1000 pieces
31
1000 pieces
68
tonnes
73
1000 pieces
76
tonnes
78
tonnes
83
tonnes
GROUP III A
35
tonnes
41
tonnes
GROUP III B
10
1000 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)
Imports into the Community of products which were shipped 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 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 between 11 June 2005 and 12 July 2005 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 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) should be presented to the competent authorities of a Member State no later than 15 August 2005."