Commission Regulation (EC) No 339/98 of 11 February 1998 amending Annexes I, II, III, V, VI, VII, VIII and IX of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

• Published date: 16 February 1998
• Subject Matter: Commercial policy,External relations,Textiles
• Official Gazette Publication: Official Journal of the European Communities, L 45, 16 February 1998

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31998R0339

Commission Regulation (EC) No 339/98 of 11 February 1998 amending Annexes I, II, III, V, VI, VII, VIII and IX of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

Official Journal L 045 , 16/02/1998 P. 0001 - 0097
C 052 19/02/1998 P. 0003

COMMISSION REGULATION (EC) No 339/98 of 11 February 1998 amending Annexes I, II, III, V, VI, VII, VIII and IX of 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), as last amended by Commission Regulation (EC) No 1445/97 (2), and in particular Article 19 in conjunction with Article 17 thereof,

Whereas modifications have been introduced in the Combined Nomenclature applicable from 1 January 1998;

Whereas the Council has decided by Decision of 24 July 1997 (3) to apply on a provisional basis the Agreement on trade in textile products negotiated with the Former Yugoslav Republic of Macedonia;

Whereas the Agreement on trade in textile products not covered by the MFA bilateral Agreement on trade in textile products with the People's Republic of China which has been applied with effect from 1 January 1995 for a duration of two years has been automatically extended for successive periods of one year and will be applicable in 1998.

Whereas the Additional Protocols to the Europe Agreements on trade in textile products between the Community and Bulgaria, the Czech Republic, Hungary, Poland, Romania and Slovakia expire on 31 December 1997;

Whereas agreements with Albania, Malta, Morocco, Slovenia and Tunisia expire on 31 December 1997;

Whereas the Council has adopted Regulation (EC) No 2315/96 of 25 November 1996 (4) containing the list of textiles and clothing products to be integrated into GATT 1994 under stage 2 of the Agreement on textile and clothing as of 1 January 1998;

Whereas all the above elements make it necessary to amend the Annexes I, II, III, V, VI, VII, VIII and IX to Regulation (EEC) No 3030/93 to take into account the changes introduced applicable on the importation into the Community of certain textile products originating in certain third countries within the meaning of Article 19 of Regulation (EEC) No 3030/93;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,

HAS ADOPTED THIS REGULATION:

Article 1

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

- Annex I is replaced by Annex I to this Regulation,

- Annex II is replaced by Annex II to this Regulation,

- Annex III is replaced by Annex III to this Regulation,

- Annex V is replaced by Annex IV to this Regulation,

- Annex VI is replaced by Annex V to this Regulation,

- Annex VII is replaced by Annex VI to this Regulation,

- Annex VIII is replaced by Annex VII to this Regulation,

- Annex IX is replaced by Annex VIII to this Regulation.

Article 2

This Regulation shall enter into force on the day 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.

Done at Brussels, 11 February 1998.

For the Commission

Leon BRITTAN

Vice-President

(1) OJ L 275, 8.11.1993, p. 1.

(2) OJ L 198, 25.7.1997, p. 1.

(3) OJ L 233, 25.8.1997, p. 32.

(4) OJ L 314, 4.12.1996, p. 1.

ANNEX I

'ANNEX I

PRODUCTS REFERRED TO IN ARTICLE 1 (1)

1. When the constitutive material of the products of categories 1 to 114 is not specifically mentioned, these products are to be taken to be made exclusively of wool or of fine hair, of cotton or of man-made fibres (2).

2. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.

3. Where the expression "babies' garments" is used, this is meant to cover garments up to and including commercial size 86.

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ANNEX IA

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ANNEX IB

1. This Annex covers textile raw materials (categories 128 and 154), textile products other than those of wool and fine animal hair, cotton and man-made fibres, as well as man-made fibres and filaments and yarns of categories 124, 125A, 125B, 126, 127A and 127B.

2. Without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, since the products covered by each category are determined, within this Annex, by CN codes. Where there is an "ex" symbol in front of a CN code, the products covered in each category are determined by the scope of the CN code and by that of the corresponding description.

3. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.

4. Where the expression "babies' garments" is used, this is meant to cover garments up to and including commercial size 86.

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(1) Covers only categories 1 to 114, with the exception of Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, United Arab Emirates and Uzbekistan for which categories 1 to 161 are covered and of Taiwan for which categories 1 to 123 are covered. In the case of Taiwan categories 115 to 123 are included in Group III B.

(2) In the case of Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhastan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine and Uzbekistan the products covered by each category are determined by the CN codes. Where there is an "ex" symbol in front of a CN code, the products covered in each category are determined by the scope of the CN code and by that of the corresponding description.`

ANNEX II

'ANNEX II

Exporting countries referred to in Article 1

Argentina

Armenia

Azerbaijan

Bangladesh

Belarus

Brazil

China

Estonia

Former Yugoslav Republic of Macedonia

Georgia

Hong Kong

India

Indonesia

Kazakhstan

Kyrgyzstan

Macao

Malaysia

Moldova

Mongolia

Pakistan

Peru

Philippines

Singapore

South Korea

Sri Lanka

Taiwan

Tajikistan

Thailand

Turkmenistan

Ukraine

United Arab Emirates

Uzbekistan`

ANNEX III

'ANNEX III

referred to in Articles 1, 12 and 13

PART I

Classification

Article 1

The classification of the textile products referred to in Article 1 (1) of the Regulation is based on the combined nomenclature (CN).

Article 2

On the initiative of the Commission or of a Member State, the tariff and statistical nomenclature section of the Customs Code Committee, which was established by Council Regulation (EEC) No 2658/87 (1) will examine urgently in conformity with the provisions of the abovementioned Regulations, all questions concerning the classification of products referred to in Article 1 (1) of the Regulation within the combined nomenclature (CN) in order to classify them in the appropriate categories.

Article 3

The Commission shall inform supplying countries of any changes in the combined nomenclature (CN) on their adoption by the competent authorities of the Community.

Article 4

The Commission shall inform the competent authorities of supplier countries of any decisions adopted in accordance with the procedures in force in the Community relating to classification of products covered by this Regulation, within one month at the latest of their adoption. Such communication shall include:

(a) a description of the products concerned;

(b) the relevant category, and the combined nomenclature code (CN code);

(c) the reasons which have led to the decision.

Article 5

1. Where a classification decision adopted in accordance with Community procedures in force results in a change of classification practice or a change in category of any product covered by this Regulation, the competent authorities of the Member States shall provide 30 days' notice, from the date of the Commission's notification, before the decision is put into effect.

2. Products shipped before the date of application of the decision shall remain subject to earlier classification practice, provided that the goods in question are entered to importation within 60 days of that date.

Article 6

Where a classification decision adopted in accordance with the Community procedures in force referred to in Article 5 of this Annex involves a category of products subject to a quantitative limit, the Commission shall, without delay, initiate consultation in accordance with Article 16 of the Regulation, in order to reach agreement on the necessary adjustments to the corresponding quantitative limits provided for in Annex V.

Article 7

1. Without prejudice to any other provision on this subject, where the classification indicated in the documentation necessary for importation of the products covered by this Regulation differs from the classification determined by the competent authorities of the Member State into which they are to be imported, the goods in question shall be provisionally subject to the import arrangements which, in accordance with the provisions of this Regulation, are applicable to them on the basis of the classification determined by the abovementioned authorities.

2. The competent authorities of the Member States shall inform the Commission of the cases referred to in paragraph 1, indicating in particular:

- the quantities of products involved;

- the category shown on the import documentation and that retained by the competent authorities,

- where an export licence was issued, the number of the licence and the category shown.

3. The competent authorities of the Member States shall not issue a new import authorization for...