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
Commission Regulation (EC) No 1478/2005of 12 September 2005amending 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 countriesOJ 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)., 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 1Regulation (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 2This 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 CommissionPeter MandelsonMember of the CommissionANNEX IAnnex V to Regulation (EEC) No 3030/93 is modified as follows:(a)Annex V is replaced by the following:

(b)Appendix A to Annex V is replaced by the following:

"ANNEX VCOMMUNITY QUANTITATIVE LIMITS
(a)applicable for the year 2005Quantitative 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.
(The complete description of the goods is shown in Annex I)Community quantitative limits
Third countryCategoryUnit2005
BelarusGROUP IA
1tonnes1585
2tonnes5100
3tonnes233
GROUP IB
41000 pieces1600
51000 pieces1058
61000 pieces1400
71000 pieces1200
81000 pieces1110
GROUP IIA
9tonnes363
20tonnes318
22tonnes498
23tonnes255
39tonnes230
GROUP IIB
121000 pairs5958
131000 pieces2651
151000 pieces1500
161000 pieces186
211000 pieces889
241000 pieces803
26/271000 pieces1069
291000 pieces450
731000 pieces315
83tonnes178
GROUP IIIA
33tonnes387
36tonnes1242
37tonnes463
50tonnes196
GROUP IIIB
67tonnes339
741000 pieces361
90tonnes199
GROUP IV
115tonnes87
117tonnes1800
118tonnes448
SerbiaGROUP IA
1tonnes
2tonnes
2atonnes
3tonnes
GROUP IB
51000 pieces
61000 pieces
71000 pieces
81000 pieces
GROUP IIA
9tonnes
GROUP IIB
151000 pieces
161000 pieces
GROUP IIIB
67tonnes
VietnamGROUP IB
41000 pieces
51000 pieces
61000 pieces
71000 pieces
81000 pieces
GROUP IIA
9tonnes
20tonnes
39tonnes
GROUP IIB
121000 pairs
131000 pieces
141000 pieces
151000 pieces
18tonnes
211000 pieces
261000 pieces
281000 pieces
291000 pieces
311000 pieces
68tonnes
731000 pieces
76tonnes
78tonnes
83tonnes
GROUP IIIA
35tonnes
41tonnes
GROUP IIIB
101000 pairs
97tonnes
GROUP IV
118tonnes
GROUP V
161tonnes
(b)applicable for the years 2005, 2006 and 2007Imports 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 2072924 kg of products of category 2 as provided for in Annex VIII.See Appendix A."
(The complete description of the goods is shown in Annex I)Agreed levels
Third countryCategoryUnit11 June to 31 December 200520062007
ChinaGROUP IA
2 (including 2a)tonnes202126194869692
GROUP IB
41000 pieces161255540204594225
51000 pieces118783189719219674
61000 pieces124194338923382880
71000 pieces263988049388543
GROUP IIA
20tonnes64511579517770
39tonnes55211234913892
GROUP IIB
261000 pieces80962700129701
311000 pieces108896219882248261
GROUP IV
115tonnes209647405214
"Appendix A to Annex V
CategoryThird CountryRemarks
4ChinaFor 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"."
ANNEX IIIn Annex VII to Regulation (EEC) No 3030/93 the table is replaced by the following:"TABLECOMMUNITY QUANTITATIVE LIMITS FOR GOODS RE-IMPORTED UNDER OPT
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 countryCategoryUnitCommunity quantitative limits
2005
BelarusGROUP IB
41000 pieces4733
51000 pieces6599
61000 pieces8800
71000 pieces6605
81000 pieces2249
GROUP IIB
121000 pairs4446
131000 pieces697
151000 pieces3858
161000 pieces786
211000 pieces2567
241000 pieces661
26/271000 pieces3215
291000 pieces1304
731000 pieces4998
83tonnes664
GROUP IIIB
741000 pieces872
SerbiaGROUP IB
51000 pieces
61000 pieces
71000 pieces
81000 pieces
GROUP IIB
151000 pieces
161000 pieces
VietnamGROUP IB
41000 pieces
51000 pieces
61000 pieces
71000 pieces
81000 pieces
GROUP IIB
121000 pairs
131000 pieces
151000 pieces
18tonnes
211000 pieces
261000 pieces
311000 pieces
68tonnes
76tonnes
78tonnes
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."
Third countryCategoryUnitSpecific agreed levels
11 June to 31 December 200520062007
ChinaGROUP IB
41000 pieces208408449
51000 pieces453886975
61000 pieces164232163538
71000 pieces439860946
GROUP IIB
261000 pieces79115501705
311000 pieces63011234113575
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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.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 IIIIn Annex VIII to Regulation (EEC) No 3030/93 the table is replaced by the following:
"1.COUNTRY2.Advance utilisation3.Carry-over4.Transfers from category 1 to categories 2 and 35.Transfers between categories 2 and 36.Transfers between categories 4, 5, 6, 7, 87.Transfers from Groups I, II, III to Groups II, III, IV8.Maximum increase in any category9.Additional conditions
Belarus5 %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 %
Serbia5 %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.
China5 %7 %Transfers between categories 4, 5, 6, 7, 26 and 31: 4 %.Transfers between categories 2, 20, 39 and 115: 4 %.2072924 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."