Commission Regulation (EC) No 3053/95 of 20 December 1995 amending Annexes I, II, III, V, VI, VII, VIII, IX and XI of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

• Published date: 30 December 1995
• Subject Matter: Commercial policy,External relations,Textiles
• Official Gazette Publication: Official Journal of the European Communities, L 323, 30 December 1995

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31995R3053

Commission Regulation (EC) No 3053/95 of 20 December 1995 amending Annexes I, II, III, V, VI, VII, VIII, IX and XI of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

Official Journal L 323 , 30/12/1995 P. 0001 - 0128

COMMISSION REGULATION (EC) No 3053/95 of 20 December 1995 amending Annexes I, II, III, V, VI, VII, VIII, IX and XI 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 Council Regulation (EC) No 1616/95 (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 1995;

Whereas a Protocol on trade in textile and clothing products has been concluded by the Community with Estonia;

Whereas an Agreement on trade in certain textile products not covered by the existing bilateral Agreement with the People's Republic of China on textile and clothing products has been concluded by the Community with the People's Republic of China (3);

Whereas following the entry into force of the Treaty on European Union, the name of the European Economic Community changed to European Community;

Whereas new quantitative restrictions on imports of textile products falling under categories 28, 68 and 97 originating in the People's Republic of China have been imposed through Commission Regulation (EC) No 1167/94 (4);Whereas new quantitative restrictions on imports of textile products falling under categories 14, 17 and 29 originating in the People's Republic of China have been imposed through Commission Regulation (EC) No 810/95 (5);

Whereas new quantitative restrictions on imports of textile products falling under categories 23 and 33 originating in the Republic of Indonesia have been imposed through Commission Regulation (EC No 507/95 (6) (category 23) and Commission Regulation (EC) No 1629/94 (7) (category 33);

Whereas a new quantitative restriction on imports of textile products falling under category 28 originating in the Islamic Republic of Pakistan has been imposed through Commission Regulation (EC) No 405/95 (8);

Whereas new quantitative restrictions on imports of textile products falling under categories 23 and 24 originating in the Republic of India have been imposed through Commission Regulation (EC) No 507/95 (9);

Whereas new quantitative restrictions on imports of textile products originating in the Republic of India after outward processing operations in the Republic of India have been established through Commission Regulation (EC) No 1143/95 (10);

Whereas new quantitative restrictions on imports of textile products originating in the People's Republic of China after outward processing operations in the People's Republic of China have been established through Commission Regulation (EC) No 1280/95 (11);

Whereas the Council has decided by Decision 95/131/EC (12) to apply on a provisional basis the agreements negotiated with certain supplier countries to adjust the existing quantitative restrictions to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union;

Whereas following the entry into force of the Uruguay Round Agreement on Textiles and Clothing (13), quantitative restrictions and flexibility provisions agreed between the European Community and Members of the World Trade Organization have to be modified;

Whereas the arrangement with the Republic of India in the area of market access foresees the removal of quantitative restrictions on the importation of certain handloom and folklore products originating in the Republic of India;

Whereas, following the entry into force of the World Trade Organization, it is possible to indicate the name of the countries which are already Members of the World Trade Organization;

Whereas all the above elements make it necessary to amend as of 1 January 1995 the Annexes I, II, III, V, VI, VII, VIII, IX and XI 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

Annex I of Regulation (EEC) No 3030/93 is replaced by Annex I to this Regulation.

Annex II of Regulation (EEC) No 3030/93 is replaced by Annex II to this Regulation.

Annex III of Regulation (EEC) No 3030/93 is replaced by Annex III to this Regulation.

Annex V of Regulation (EEC) No 3030/93 is replaced by Annex IV to this Regulation.

Annex VI of Regulation (EEC) No 3030/93 is replaced by Annex V to this Regulation.

Annex VIa and Table A to Annex VIa of Regulation (EEC) No 3030/93 are repealed.

Annex VII of Regulation (EEC) No 3030/93 is replaced by Annex VI to this Regulation.

Annex VIII of Regulation (EEC) No 3030/93 is replaced by Annex VII to this Regulation.

Annex IX of Regulation (EEC) No 3030/93 is replaced by Annex VIII to this Regulation.

Annex XI of Regulation (EEC) No 3030/93 is replaced by Annex IX to this Regulation.

Article 2

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

It shall apply from 1 January 1995.

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

Done at Brussels, 20 December 1995.

For the Commission

Leon BRITTAN

Vice-President

(1) OJ No L 275, 8. 11. 1993, p. 1.

(2) OJ No L 154, 5. 7. 1995, p. 3.

(3) OJ No L 104, 6. 5. 1995, p. 1.

(4) OJ No L 130, 25. 5. 1994, p. 18.

(5) OJ No L 82, 12. 4. 1995, p. 2.

(6) OJ No L 51, 8. 3. 1995, p. 2.

(7) OJ No L 171, 6. 7. 1994, p. 17.

(8) OJ No L 44, 28. 2. 1995, p. 8.

(9) OJ No L 51, 8. 3. 1995, p. 2.

(10) OJ No L 114, 20. 5. 1995, p. 16.

(11) OJ No L 124, 7. 6. 1995, p. 27.

(12) OJ No L 94, 26. 4. 1995, p. 1.

(13) OJ No L 336, 23. 12. 1994, p. 50.

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.

(1) Covers only categories 1 to 114, with the exception of Albania, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam for which categories 1 to 161 are covered and of Bulgaria, the Czech Republic, Hungary, Poland, the Russian Federation, Romania and the Slovak Republic for which categories 1 to 123 are covered. In the case of Bulgaria, the Czech Republic, Hungary, Poland, Romania and the Slovak Republic categories 115 to 123 are included in Group III B.

(2) In the case of Albania, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhastan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam 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.

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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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ANNEX II

'ANNEX II

Exporting countries referred to in Article 1

Albania

Argentina

Armenia

Azerbaijan

Bangladesh

Belarus

Brazil

Bulgaria

China

Czech Republic

Egypt

Estonia

Georgia

Hong Kong

Hungary

India

Indonesia

Kazakhstan

Kyrgyzstan

Latvia

Lithuania

Macao

Malaysia

Malta

Moldova

Mongolia

Morocco

Pakistan

Peru

Philippines

Poland

Romania

Russian Federation

Singapore

Slovakia

Slovenia

South Korea

Sri Lanka

Taiwan

Tajikistan

Thailand

Tunisia

Turkey

Turkmenistan

Ukraine

Uzbekistan

Vietnam`

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...