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Commission Regulation (EC) No 35/2006Show full title

Commission Regulation (EC) No 35/2006 of 11 January 2006 amending Annexes I, V and VII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

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Commission Regulation (EC) No 35/2006

of 11 January 2006

amending Annexes I, V and VII 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 countries(1), and in particular Article 19 thereof,

Whereas:

(1) For the implementation of the Memorandum of Understanding between the European Commission and its Chinese counterpart it is necessary to reintroduce the original provisions under Annex I regarding the product description.

(2) The Council has approved by Decision 2005/948/EC(2) the signing and the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products.

(3) Regulation (EEC) No 3030/93 should therefore be amended accordingly.

(4) 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 1

Regulation (EEC) No 3030/93 is amended as follows:

1.

in Annex I, paragraph 2 is replaced by the following:

2.When the constitutive material of the products of categories 1 to 114 originating in Vietnam and China is not specifically mentioned, these products shall be taken to be made exclusively of wool of or fine animal hair, of cotton or of man-made fibres.;

2.

Annex V is replaced by the text in Annex I to this Regulation;

3.

in Annex VII, the table is replaced by the table in Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply with effect from 1 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 January 2006.

For the Commission

Peter Mandelson

Member of the Commission

ANNEX I

Annex V to Regulation (EEC) No 3030/93 is replaced by the following:

ANNEX V

COMMUNITY QUANTITATIVE LIMITS

(a) applicable for the year 2006
a

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.

b

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 countryCategoryUnit2006
BelarusGROUP IA
1tonnes1 585
2tonnes6 000
3tonnes242
GROUP IB
41 000 pieces1 672
51 000 pieces1 105
61 000 pieces1 550
71 000 pieces1 252
81 000 pieces1 160
GROUP IIA
9tonnes363
20tonnes329
22tonnes524
23tonnes255
39tonnes241
GROUP IIB
121 000 pairs5 959
131 000 pieces2 651
151 000 pieces1 569
161 000 pieces186
211 000 pieces930
241 000 pieces844
26/271 000 pieces1 117
291 000 pieces468
731 000 pieces329
83tonnes184
GROUP IIIA
33tonnes387
36tonnes1 309
37tonnes463
50tonnes207
GROUP IIIB
67tonnes356
741 000 pieces377
90tonnes208
GROUP IV
115tonnes95
117tonnes2 100
118tonnes471
SerbiaaGROUP IA
1tonnes
2tonnes
2atonnes
3tonnes
GROUP IB
51 000 pieces
61 000 pieces
71 000 pieces
81 000 pieces
GROUP IIA
9tonnes
GROUP IIB
151 000 pieces
161 000 pieces
GROUP IIIB
67tonnes
VietnambGROUP IB
41 000 pieces
51 000 pieces
61 000 pieces
71 000 pieces
81 000 pieces
GROUP IIA
9tonnes
20tonnes
39tonnes
GROUP IIB
121 000 pairs
131 000 pieces
141 000 pieces
151 000 pieces
18tonnes
211 000 pieces
261 000 pieces
281 000 pieces
291 000 pieces
311 000 pieces
68tonnes
731 000 pieces
76tonnes
78tonnes
83tonnes
GROUP IIIA
35tonnes
41tonnes
GROUP IIIB
101 000 pairs
97tonnes
GROUP IV
118tonnes
GROUP V
161tonnes
(b) applicable for the years 2005, 2006 and 2007
a

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 2 072 924 kg of products of category 2 as provided for in Annex VIII.

b

See Appendix A.

(The complete description of the goods is shown in Annex I)Agreed levels
Third countryCategoryUnit11 June to 31 December 2005a20062007
ChinaGROUP IA
2 (including 2a)tonnes20 21261 94869 692
GROUP IB
4b1 000 pieces161 255540 204594 225
51 000 pieces118 783189 719219 674
61 000 pieces124 194338 923382 880
71 000 pieces26 39880 49388 543
GROUP IIA
20tonnes6 45115 79517 770
39tonnes5 52112 34913 892
GROUP IIB
261 000 pieces8 09627 00129 701
311 000 pieces108 896219 882248 261
GROUP IV
115tonnes2 0964 7405 214

Appendix A to Annex V

CategoryThird countryRemarks
4China

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”.

ANNEX II

In Annex VII to Regulation (EEC) No 3030/93 the table is replaced by the following:

TABLE

COMMUNITY QUANTITATIVE LIMITS FOR GOODS REIMPORTED UNDER OPT

a

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.

b

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.

Community quantitative limits
Third countryCategoryUnit2006
BelarusGROUP IB
41 000 pieces5 055
51 000 pieces7 047
61 000 pieces9 398
71 000 pieces7 054
81 000 pieces2 402
GROUP IIB
121 000 pairs4 749
131 000 pieces744
151 000 pieces4 120
161 000 pieces839
211 000 pieces2 741
241 000 pieces706
26/271 000 pieces3 434
291 000 pieces1 392
731 000 pieces5 337
83tonnes709
GROUP IIIB
741 000 pieces931
SerbiaaGROUP IB
51 000 pieces
61 000 pieces
71 000 pieces
81 000 pieces
GROUP IIB
151 000 pieces
161 000 pieces
VietnambGROUP IB
41 000 pieces
51 000 pieces
61 000 pieces
71 000 pieces
81 000 pieces
GROUP IIB
121 000 pairs
131 000 pieces
151 000 pieces
18tonnes
211 000 pieces
261 000 pieces
311 000 pieces
68tonnes
76tonnes
78tonnes
a

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.

Third countryCategoryUnitSpecific agreed levels
11 June to 31 December 2005a20062007
ChinaGROUP IB
41 000 pieces208408449
51 000 pieces453886975
61 000 pieces1 6423 2163 538
71 000 pieces439860946
GROUP IIB
261 000 pieces7911 5501 705
311 000 pieces6 30112 34113 575
(1)

OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1478/2005 (OJ L 236, 13.9.2005, p. 3).

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