COMMISSION REGULATION (EC) No 689/94 of 28 March 1994 on the opening of additional quotas for imports into the Community of certain textile products originating in certain third countries participating in trade fairs organized in 1994 in the European Community
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 195/94 (2), and especially Article 8 thereof,
Whereas additional quotas to those indicated in Annex V to Council Regulation (EEC) No 3030/93 may be opened when required under special circumstances; that the Commission has received a request to open additional quotas in view of trade fairs to be held in 1994;
Whereas additional quotas have already been opened for trade fairs in previous years for certain third countries;
Whereas additional quotas for imports of textile products originating in the People's Republic of China have already been established for European trade fairs (3), and it is therefore appropriate to limit the opening of those additional quotas for 1994 to products originating in third countries other than China;
Whereas access to the additional quotas should be limited to products which have been exhibited by the exporting countries at the relevant fair and for the quantities agreed to by sales contracts, as certified by the competent authorities of the Member State where the fair is taking place;
Whereas in order to avoid an over-utilization of these additional quotas it appears appropriate to request the Member State of the territory in which the fair is taking place, on the one hand, to ensure that the total amounts covered by certified contracts do not exceed the limits set for these additional quotas and, on the other hand, to inform the Commission after closure of the fair of the total quantities covered by such clarified contracts;
Whereas it seems appropriate to apply to imports into the Community of products for which the additional quotas are opened the provision of Council Regulation (EEC) No 3030/93 which are applicable to imports of products subject to quantitative limits set out in Annex V to the said Regulation, with the exception of those relating to flexibilities;
Whereas requests for import authorizations should moreover be accompanied by the contract signed at the relevant fair, as certified by the competent authorities of the Member State where it is held;
Whereas in order to ensure the smooth management of additional quotas the validity of import authorizations should not extend beyond 12 months from the date of closure of the fair;
Whereas in order to avoid circumvention, issue of import authorizations should only cover products shipped in the supplier country in which they originate no earlier than 30 days after the closure of the relevant fair;
Whereas the measures provided for in this Regulation are in conformity with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
In addition to the quantitative limits on imports established by Council Regulation (EEC) No 3030/93, additional quotas shall be opened in respect of the trade fairs to be held in 1994 in the European Community as set out in the Annex hereto.
Article 2
1. Access to the additional quotas referred to in Article 1 shall be limited to such products which have been exhibited by the exporting countries at the fair and for the quantities agreed by a sales contract signed at the relevant fair as certified by the competent authorities of the Member States where the fair takes place.
2. The competent authorities of the Member State in the territory of which the fair is taking place shall ensure that the total amounts covered by certified contracts do not exceed the limits fixed in the Annex.
3. The Commission shall be informed by the relevant Member State not later than 30 days after the closure of the fair of the total quantities covered by contracts certified as having been concluded during the fair. This information shall be provided by supplier country and category.
Article 3
1. Without prejudice to subsequent paragraphs imports into the Community of products for which additional quotas have been opened shall be subject to the provisions of Council Regulation (EEC) No 3030/93 which are applicable to imports of products subject to quantitative limits established in Annex V to the said Regulation, with the exception of those relating to flexibilities.
2. Import authorizations can only be issued on the presentation of an export licence bearing in box 9 an indication of the fair and year to which they relate and accompanied by the original of the certified contract referred to in Article 2.
3. Import authorizations shall only cover products shipped into the Community in the third country in which they originate no earlier than 30 days after the closure on the fair.
4. The period of validity of import authorizations issued in accordance with the previous paragraphs shall not extend beyond 12 months from the date of closure of the fair.
Article 4
This Regulation shall enter into force on the day following 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, 28 March 1994.