Proposal for a Council Regulation (EC) amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12. 03. 1997 COM(97) 104 final 97/0086 (ACC) Proposal for a COUNCIL REGULATION (EC) amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries (presented by the Commission) Explanatory Memorandum On 29 January 19971 the Commission forwarded to the Council a report on the quantitative quotas and surveillance measures, applicable to certain non-textile products originating in the P. R. of China, introduced under Council Regulation (EC) No 519/94 of 7 March 19942, last amended by Regulation (EC) No 1897/96 of 1 October 19963. The attached proposal contains the practical amendments to Regulation (EC) No 519/94 stemming from the conclusions drawn by the Commission in that report: abolition of the quota on Glass tableware (CN code 7013) (this product being however subjected to surveillance measures); exclusion of "parts and accessories of toys" from the quota on Toys (CN codes 9503 41 + 9503 49 + 9503 90); abolition of surveillance measures on 4 products of which imports in 1995 were negligible or down on 1994 (certain food preparations, certain glass products, not alloyed zinc and car radios). 1 2 3 COM (97) 11 OJ L 67, 10. 3. 1994, p. 89. OJL 250, 2. 10. 1996, p. 1. Proposal for a Council Regulation (EC) No. 797 of. 1997 amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas Council Regulation (EC) No 519/94 of 7 March 1994' on common rules for imports from certain third countries, as last amended by Regulation (EC) No 1897/96 of 1 October 19962, introduced in respect of the People's Republic of China the quotas listed in Annex II to this Regulation and surveillance measures listed in Annex III thereto; Whereas in establishing the quotas, the Council's objective was to strike a balance between an appropriate level of protection for the Community industries concerned and maintenance of an acceptable level of trade with the P. R. of China, taking into account the various interests in play; Whereas analysis of the main economic indicators, in particular the volume and market share of Chinese imports, leads to the conclusion that the quota on glass tableware falling within HS/CN code 7013 should be abolished and that such abolition would be neither inconsistent with the above objective nor liable to disrupt the Community market; Whereas the products in respect of which the quota is abolished by this Regulation should, however, be subject to prior Community surveillance; in order to ensure adequate monitoring of the volume and prices of the imports of the products concerned; Whereas the quota on toys falling within HS/CN code 9503 41, 9503 49 and 9503 90 includes parts and accessories of toys; whereas in light of the experience of the Community producers the effects of this inclusion go beyond what is necessary for the appropriate protection of the Community industry concerned; whereas parts and accessories of toys should therefore be excluded from the quota; 1 0 J L 6 7, 10. 3. 1994, p. 89 2OJL250, 2. 10. 1996, p. 1. 3- O- Whereas it is no longer considered necessary to maintain surveillance measures on a range of products of which the imports in 1995 were negligible or lower than in 1994 and they should be removed from the list of products subject to surveillance measures; Whereas the quantitative quotas and the surveillance measures introduced under Regulation (EC) No 519/94 should therefore be amended, HAS ADOPTED THIS REGULATION: Annex II to Regulation (EC) No 519/94 shall be replaced by the Annaex which appears in Annex I to this Regulation. Article 1 Annex EI to Regulation (EC) No 519/94 shall be replaced by the Annex which appears in Annex,II 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. It shall be applicable from 1 January 1997. Article 3 This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX I ANNEX II List of quotas for certain products originating in China Description of products HS/CN Code Quotas (annual basis) Footwear falling within HS/CN codes ex 6402 99(') 39 151 481 p a i rs 6403 51 6403 59 ex 6403 9K1) ex6403 99(!) 2 795 000 p a i rs 12 120 000 p a i rs ex 6404 11 (2) 18 228 780 p a i rs 6404 19 10 691110 31897 716 45 800 p a i rs tonnes 6912 00 34 650 tonnes ex 9503 41 (3) ex9503 49(3) ex 9503 90(3) 1056 996 632 ECU Tableware, kitchenware of porcelain or china falling within HS/CN code Ceramic tableware, kitchenware, other than of porcelain or china falling within HS/CN code Toys falling within HS/CN codes (1) Excluding footwear involving special technology: shoes which have a cif price per pair of not less than ECU 9 for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or neutralize impact or materials such as low-density polymers. (2) Excluding: (a) footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, sprigs, stops, clips, bats or the like, with a non-injected sole; (b) footwear involving special technology: shoes which have a cif price per pair of not less than ECU 9 for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or neutralize impact or materials such as low-density polymers. (3) Excluding parts and accessories ANNEX II ANNEX III List of products originating in the People's Republic of China subject to Community surveillance Description Ammonium chloride Other polyhydric alcohols of CN code Citric acid Tetracyclines and their derivatives Chloramphenicol Basic dyes and preparations based thereon Vat dyes and preparations based thereon Fireworks, signalling flares, rain rockets, fog signals and other pyrotechnic articles Polyvinyl alcohol Footwear falling within HS/CN codes Ornamental ceramic articles of porcelain Glassware falling within HS/CN code Toys falling within HS/CN codes Puzzles Parts and accessories of toys falling within HS/CN code Playing cards Articles falling within HS/CN codes HS/CN code 2827 10 2905 49 90 2918 14 ex 2941 30 ex 2941 40 3204 13 3204 15 3604 3905 30 6402 19 ex 6402 99° > 6403 19 ex6403 91(1) ex 6403 99(,) ex6404 11(2) ex 6913 10 7013(3> 9503 30 9503 60 ex 9503 41 ex 9503 49 ex 9503 90 9504 40 9603 29 9603 30 9603 40 9603 90 (1) Footwear involving special technology: shoes which have a cif price per pair of not less than ECU 9 for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or neutralize impact or materials such as low-density polymers (2) (a) Footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, sprigs, stops, clips, bats or the like, with a non-injected sole; (b) Footwear involving special technology; shoes which have a cif price per pair of not less than ECU 9 for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or neutralize impact or materials such as low-density polymers'. (3) Excluding glass-fronted clip-frames, consisting of a mechanically-gathered glass sheet with worked edges, a printed paper sheet and a piece of hardboard to support the picture, held together by clips of base metal'. ISSN 0254-1475 COM(97) 104 final DOCUMENTS EN 11 02 Catalogue number : CB-CO-97-092-EN-C ISBN 92-78-16693-6 Office for Official Publications of the European Communities L-2985 Luxembourg r