Council Regulation (EC) No 54/2007 of 22 January 2007 amending Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries
Corrected by
  • Corrigendum to Council Regulation (EC) No 54/2007 of 22 January 2007 amending Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries, 307R0054R(01), June 5, 2007
Council Regulation (EC) No 54/2007of 22 January 2007amending Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to the proposal from the Commission, Whereas: (1)As from 1 January 2007, the European Union includes two new Member States, Romania and Bulgaria. Article 6(7) of the Act of Accession provides that the quantitative restrictions applied by the Community on imports of textile and clothing products are to be adjusted to take account of the accession of the new Member States to the Community. The quantitative restrictions applicable to imports of certain textile products from third countries into the enlarged Community should consequently be adjusted so as to cover imports into the two new Member States. This necessitates amendments 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 35/2006 (OJ L 7, 12.1.2006, p. 8).. (2)In order to prevent the enlargement of the Community from having restrictive effects on trade, it is appropriate, when amending the quantities, to use a methodology which takes into account, for the purpose of adjusting the new quota levels, the traditional imports into the new Member States. A formula consisting of the average of the last three years' imports into the two new Member States originating in third countries, provides an adequate measurement of those historical flows. A growth rate has been added. The years 2003 to 2005 have been selected as the most significant, as they represent the latest available information about the two new Member States' imports in textiles and clothing. (3)Accordingly, Annexes V and VII to Regulation (EEC) No 3030/93 should be amended to list quota levels applicable from the date of the enlargement, namely 1 January 2007. (4)All provisions of Regulation (EEC) No 3030/93 should be adapted so as to apply to imports into the new Member States. Consequently, the initials of the new Member States should be inserted in Annex III. (5)Regulation (EEC) No 3030/93 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 3030/93 is amended as follows: 1.in Article 2, paragraph 9 is replaced by the following: "9. The release for free circulation in one of the new Member States acceding to the European Union on 1 January 2007, namely Romania and Bulgaria, of textile products which are subject to quantitative limits or to surveillance in the Community and which have been shipped before 1 January 2007 and enter the two new Member States on or after 1 January 2007 shall be subject to presentation of an import authorisation. Such import authorisation shall be granted automatically and without quantitative limitation by the competent authorities of the Member State concerned, upon adequate proof, such as the bill of lading, that the products have been shipped before 1 January 2007. Such licences shall be communicated to the Commission."; 2.in Article 5, the second paragraph is replaced by the following: "The release for free circulation of textile products sent from one of the Member States acceding to the European Union on 1 January 2007 to a destination outside the Community for processing before 1 January 2007, and re-imported into the same Member State on or after that date, shall upon adequate proof, such as the export declaration, not be subject to quantitative limits or import authorisation requirements. The competent authorities of the Member State concerned shall provide information on those imports to the Commission."; 3.in Annex III, the second indent of Article 28(6) shall be replaced by the following: "—two letters identifying the intended Member State of destination, or group of such Member States, as follows: ATAustria BGBulgaria BLBenelux CYCyprus CZCzech Republic DEFederal Republic of Germany DKDenmark EEEstonia GRGreece ESSpain FIFinland FRFrance GBUnited Kingdom HUHungary IEIreland ITItaly LTLithuania LVLatvia MTMalta PLPoland PTPortugal RORomania SESweden SISlovenia SKSlovakia"; 4.Annex V is replaced by the text set out in Part A of the Annex to this Regulation; 5.in Annex VII, the table is replaced by the table set out in Part B of the Annex to this Regulation.
Article 2 This Regulation shall enter into force on the day of its publication. It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX PART A Annex V is replaced by the following: "ANNEX V COMMUNITY QUANTITATIVE LIMITS Applicable for the year 2007 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 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) Community quantitative limits
Third country Category Unit 2007
BELARUS GROUP IA
1 tonnes 1586
2 tonnes 6643
3 tonnes 242
GROUP IB
4 1000 pieces 1839
5 1000 pieces 1105
6 1000 pieces 1705
7 1000 pieces 1377
8 1000 pieces 1160
GROUP IIA
9 tonnes 363
20 tonnes 329
22 tonnes 524
23 tonnes 255
39 tonnes 241
GROUP IIB
12 1000 pairs 5959
13 1000 pieces 2651
15 1000 pieces 1726
16 1000 pieces 186
21 1000 pieces 930
24 1000 pieces 844
26/27 1000 pieces 1117
29 1000 pieces 468
73 1000 pieces 329
83 tonnes 184
GROUP IIIA
33 tonnes 387
36 tonnes 1312
37 tonnes 463
50 tonnes 207
GROUP IIIB
67 tonnes 359
74 1000 pieces 377
90 tonnes 208
GROUP IV
115 tonnes 268
117 tonnes 2312
118 tonnes 471
(The complete description of the goods is shown in Annex I) Agreed levels
Third country Category Unit 11 June to 31 December 2005 2006 2007
China GROUP IA
2 (including 2a) tonnes 20212 61948 70636
GROUP IB
4 1000 pieces 161255 540204 595624
5 1000 pieces 118783 189719 220054
6 1000 pieces 124194 338923 388528
7 1000 pieces 26398 80493 90829
GROUP IIA
20 tonnes 6451 15795 18518
39 tonnes 5521 12349 14862
GROUP IIB
26 1000 pieces 8096 27001 29736
31 1000 pieces 108896 219882 250209
GROUP IV
115 tonnes 2096 4740 5347
 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." "
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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 2072924 Kg of products of category 2 as provided for in Annex VIII.See Appendix A. PART B In Annex VII the table is replaced by the following: "Table COMMUNITY QUANTITATIVE LIMITS FOR GOODS RE-IMPORTED UNDER OUTWARD PROCESSING TRAFFIC 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."
(The complete description of the goods is shown in Annex I) Community quantitative limits
Third country Category Unit 2007
BELARUS GROUP IB
4 1000 pieces 5796
5 1000 pieces 8079
6 1000 pieces 10775
7 1000 pieces 8088
8 1000 pieces 2754
GROUP IIB
12 1000 pairs 5445
13 1000 pieces 853
15 1000 pieces 4723
16 1000 pieces 962
21 1000 pieces 3142
24 1000 pieces 809
26/27 1000 pieces 3938
29 1000 pieces 1596
73 1000 pieces 6119
83 tonnes 813
GROUP IIIB
74 1000 pieces 1067
Specific agreed levels
11 June to 31 December 2005 2006 2007
China GROUP IB
4 1000 pieces 208 408 450
5 1000 pieces 453 886 977
6 1000 pieces 1642 3216 3589
7 1000 pieces 439 860 970
GROUP IIB
26 1000 pieces 791 1550 1707
31 1000 pieces 6301 12341 13681
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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."