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, 06. 04. 1998 COM(1998) 215 final 98/0133 (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 9 March 1998' 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 1994% last amended by Regulation (EC) No 847/97 of 12 May 19973. 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 Toys (CN codes 9503 41, 9503 49 and 9503 90); increase of 5 % in the level of the Tableware quotas. 1 2 3 COM (1998) 128. OJ L 67, 10. 3. 1994, p. 89. OJL 122, 14. 5. 1997, p. 1. L Proposal for a Council Regulation (EC) No. /98 of. 1998 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', introduced, in respect of the People's Republic of China, the quotas listed in Annex II to that Regulation and surveillance measures listed in Annex III thereto; Whereas the Council's objective in establishing the quotas 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 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 toys falling within HS/CN codes 9503 41 + 9503 49 + 9503 90 should be abolished and that such abolition would be neither inconsistent with the above objective nor liable to disrupt the Community market; Whereas, in light of the experience acquired in implementing the quotas, the situation of the Community producers concerned indicates that a 5 % upward adjustment of the quotas would be appropriate and would be neither inconsistent with the above objective nor liable to disrupt the Community market; whereas, however, in the case of footwear the particularly sensitive nature of the industry indicates that for the time being no increase is appropriate; 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; (l) OJ No L 67, 10. 3. 1994, p. 89. Regulation as last amended by Regulation (EC) No 847/97 (OJ No L 122, 14. 5. 1997, p. l). 3 Whereas the quantitative quotas and the surveillance measures introduced pursuant to Regulation (EC) No 519/94 should therefore be amended, HAS ADOPTED THIS REGULATION: Annex II and III to Regulation (EC) No 519/94 shall be replaced by the Annexes which appear in Annexes I and II to this Regulation respectively. Article 1 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 2 It shall apply from 1 January 1998. This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX I ANNEX U List of quotas for certain products originating in China Description of products HS/CN Code Quotas (annual basis) Footwear ex 6402 99(') 39151 481 pairs 6403 51 6403 59 2 795 000 pairs ex6403 91(') 12 120 000 pairs ex 6403 9 90 ex 6404 11 (2) 18 228 780 pairs 6404 19 10 691110 31897 716 48 090 pairs tonnes 6912 00 „ 36 383 tonnes Tableware, kitchenware of porcelain or china Ceramic tableware, kitchenware, other than of porcelain or china (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. 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 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 Gloves Footwear Ornamental ceramic articles of porcelain Glassware Bicycles Toys Puzzles Toys 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 4203 29 91 4203 29 99 6402 19 ex 6402 99(l) 6403 19 ex6403 91(,) ex 6403 99(l) ex6404 11(2) ex 6913 10 ex7013(3) 8712 00 9503 30 9503 41 9503 49 9503 60 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 oi'hardboard to support the picture, held together by clips of base meial'. ISSN 0254-1475 COM(98) 215 final DOCUMENTS EN 02 06 11 Catalogue number : CB-CO-98-232-EN-C ISBN 92-78-33097-3 Office for Official Publications of the European Communities L-2985 Luxembourg y