# Commission Regulation (EC) No 1615/2000 of 24 July 2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community

EU Regulation No 1615/2000 · adopted 24 July 2000

Commission Regulation (EC) No 1615/2000 of 24 July 2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community

## Introductory text

Commission Regulation (EC) No 1615/2000
of 24 July 2000
derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as last amended by Regulation (EC) No 955/1999 of the European Parliament and of the Council, and in particular Article 249 thereof,
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as last amended by Regulation (EC) No 1662/1999, and in particular Article 76 thereof,
Whereas:
(1)
By Council Regulation (EC) No 2820/98 of 21 December 1998 applying a multiannual scheme of generalised tariff preferences for the period 1 July 1999 to 31 December 2001, as last amended by Commission Regulation (EC) No 1310/2000, the Community gave such preferences to Nepal.
(2)
Articles 67 to 97 of Regulation (EEC) No 2454/93 establish the definition of the concept of originating products to be used for the purposes of generalised tariff preferences. Article 76 of that Regulation provides, however, for derogations to those provisions in favour of least-developed GSP-beneficiary countries which submit an appropriate request to that effect to the Community.
(3)
By Commission Regulation (EC) No 1539/1999, Nepal obtained such a derogation for certain textiles, for the period from 15 July 1999 to 14 July 2000.
(4)
The request submitted by Nepal satisfies the requirements of Article 76 of Regulation (EEC) No 2454/93. In particular, the introduction of quantitative conditions (on an annual basis) reflecting the Community market's capacity to absorb the Nepalese products, Nepal's export-capacity and actual recorded trade flows, is such as to prevent injury to the corresponding branches of Community industry. The derogation should be adapted, however, with reference to the economic needs.
(5)
In order to encourage regional cooperation among beneficiary countries, it is desirable to provide that the raw materials to be used in Nepal in the context of this derogation should originate in countries belonging to the Association of South-East Asian Nations (ASEAN) (except Myanmar), to the South Asian Association for Regional Cooperation (SAARC) or to the ACP-EC Partnership Agreement.
(6)
The open and effective administration of these measures should be ensured by applying the relevant provisions, for the management of tariff quotas, laid down in Regulation (EEC) No 2454/93, as amended by Regulation (EC) No 1427/97.
(7)
Any demand to extend application of the derogation beyond the quantities provided for must be considered in consultation with the Nepalese authorities.
(8)
To be fully effective, the derogation should be granted for a reasonable length of time, that is, until 31 December 2001 when Regulation (EC) No 2820/98 expires.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:

## 1 

1. By way of derogation from Articles 67 to 97 of Regulation (EEC) No 2454/93, products listed in the Annex to this Regulation which are manufactured in Nepal from woven fabric (woven items) or yarn (knitted items) imported into that country and originating in a country belonging to the Association of South-East Asian Nations (ASEAN) (except Myanmar), to the South Asian Association for Regional Cooperation (SAARC) or to the ACP-EC Partnership Agreement shall be regarded as originating in Nepal in accordance with the arrangements set out below.
2. For the purposes of paragraph 1, products shall be considered as originating in ASEAN or SAARC when they are obtained in these countries according to the rules of origin provided for in Articles 67 to 97 of Regulation (EEC) No 2454/93, or as originating in the beneficiary countries of the ACP-EC Partnership Agreement when they are obtained in those countries according to the rules of origin provided in Protocol No 1 to the ACP-EC Partnership Agreement.
3. The competent authorities of Nepal shall undertake to take all of the necessary measures to ensure compliance with the provisions of paragraph 2.

## 2 

The derogation provided for in Article 1 shall apply to products transported directly from Nepal and imported into the Community up to the annual quantities listed in the Annex against each product during the period from 15 July 2000 until the date of application of an amendment to Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences, but in any event that derogation shall cease to apply on 31 December 2010 .

## 3 

The quantities referred to in Article 2 shall be managed by the Commission, in accordance with the provisions laid down in Articles 308a to 308c of Regulation (EEC) No 2454/93.

## 4 

When drawings under Article 3 account for 80 % of the quantities shown in the Annex, the Commission, in consultation with the Nepalese authorities, shall consider whether it is necessary to extend application of the derogation beyond those quantities.

## 5 

1. The competent authorities of Nepal shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1.
2. The following shall be entered in box 4 of certificates of origin form A issued by the competent authorities of Nepal pursuant to this Regulation: ‘ Derogation — Regulation (EC) No 1615/2000 ’ .
3. The competent authorities of Nepal shall forward to the Commission every month a statement of the quantities in respect of which certificates of origin form A have been issued pursuant to this Regulation and the serial numbers of those certificates.

## 6 

In case of doubt, the Member States may demand a copy of the document certifying the origin of the materials used in Nepal under this derogation. Such a demand may be made at the time of entry into free circulation of the goods benefiting from this Regulation, or within the framework of the administrative cooperation for which provision is made in Article 94 of Regulation (EEC) No 2454/93.

## 7 

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

## Signature

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

## 

Order No
Textile category
Combined Nomenclature
Description of goods
Quantity (1.1 to 31.12)
09.8103
6
6203 41 10
6203 41 90
6203 42 31
6203 42 33
6203 42 35
6203 42 90
6203 43 19
6203 43 90
6203 49 19
6203 49 50
6204 61 10
6204 62 31
6204 62 33
6204 62 39
6204 63 18
6204 69 18
6211 32 42
6211 33 42
6211 42 42
6211 43 42
Men's or boys' woven breeches, shorts other than swimwear and trousers (including slacks); women's or girls' woven trousers and slacks, of wool, of cotton or of man-made fibres; lower parts of tracksuits with lining, other than category 16 or 29, of cotton or of man-made fibres
573 674 pieces
09.8104
7
6106 10 00
6106 20 00
6106 90 10
6206 20 00
6206 30 00
6206 40 00
Women's or girls' blouses, shirts and shirt-blouses, whether or not knitted or crocheted, of wool, of cotton or of man-made fibres
445 688 pieces
09.8105
8
6205 10 00
6205 20 00
6205 30 00
Men's or boys' shirts, other than knitted or crocheted, of wool, of cotton or of man-made fibres
97 747 pieces
09.8106
10
6111 10 10
6111 20 10
6111 30 10
ex 6111 90 00
6116 10 20
6116 10 80
6116 91 00
6116 92 00
6116 93 00
6116 99 00
Gloves, mittens and mitts, knitted or crocheted
1 246 351 pairs
09.8107
12
6115 12 00
6115 19 00
6115 20 11
6115 20 90
6115 91 00
6115 92 00
6115 93 10
6115 93 30
6115 93 99
6115 99 00
Panty-hose and tights, stockings, understockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, other than for babies, including stockings for varicose veins, other than products of category 70
553 615 pairs
09.8109
14
6201 11 00
ex 6201 12 10
ex 6201 12 90
ex 6201 13 10
ex 6201 13 90
6210 20 00
Men's or boys' woven overcoats, raincoats and other coats, cloaks and capes, of wool, of cotton or of man-made fibres (other than parkas of category 21)
55 003 pieces
09.8110
15
6202 11 00
ex 6202 12 10
ex 6202 12 90
ex 6202 13 10
ex 6202 13 90
6204 31 00
6204 32 90
6204 33 90
6204 39 19
6210 30 00
Women's or girls' woven overcoats, raincoats and other coats, cloaks and capes; jackets and blazers, of wool, of cotton or of man-made fibres (other than parkas of category 21)
380 049 pieces
09.8111
16
6203 11 00
6203 12 00
6203 19 10
6203 19 30
6203 21 00
6203 22 80
6203 23 80
6203 29 18
6211 32 31
6211 33 31
Men's or boys' suits and ensembles, other than knitted or crocheted, of wool, of cotton or of man-made fibres, excluding ski-suits; men's or boys' tracksuits with lining, with an outer shell of a single identical fabric, of cotton or of man-made fibres
32 985 pieces
09.8112
17
6203 31 00
6203 32 90
6203 33 90
6203 39 19
Men's or boys' jackets and blazers, other than knitted or crocheted, of wool, of cotton or of man-made fibres
123 685 pieces
09.8113
18
6207 11 00
6207 19 00
6207 21 00
6207 22 00
6207 29 00
6207 91 10
6207 91 90
6207 92 00
6207 99 00
Men's or boys' singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted
252 tonnes
6208 11 00
6208 19 10
6208 19 90
6208 21 00
6208 22 00
6208 29 00
6208 91 11
6208 91 19
6208 91 90
6208 92 00
6208 99 00
ex 6212 10 10
Women's or girls' singlets and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing-gowns and similar articles, other than knitted or crocheted
09.8114
21
ex 6201 12 10
ex 6201 12 90
ex 6201 13 10
ex 6201 13 90
6201 91 00
6201 92 00
6201 93 00
ex 6202 12 10
ex 6202 12 90
ex 6202 13 10
ex 6202 13 90
6202 91 00
6202 92 00
6202 93 00
6211 32 41
6211 33 41
6211 42 41
6211 43 41
Parkas; anoraks, wind-cheaters, waister jackets and the like, other than knitted or crocheted, of wool, of cotton or of man-made fibres; upper parts of tracksuits with lining, other than category 16 or 29, of cotton or of man-made fibres
30 083 pieces
09.8116
26
6104 41 00
6104 42 00
6104 43 00
6104 44 00
6204 41 00
6204 42 00
6204 43 00
6204 44 00
Women's or girls' dresses, of wool, of cotton or of man-made fibres
1 615 767 pieces
09.8117
27
6104 51 00
6104 52 00
6104 53 00
6104 59 00
6204 51 00
6204 52 00
6204 53 00
6204 59 10
Women's or girls' skirts, including divided skirts
349 416 pieces
09.8119
29
6204 11 00
6204 12 00
6204 13 00
6204 19 10
6204 21 00
6204 22 80
6204 23 80
6204 29 18
6211 42 31
6211 43 31
Women's or girls' suits and ensembles, other than knitted or crocheted, of wool, of cotton or of man-made fibres, excluding ski-suits; women's or girls' tracksuits with lining, with an outer shell of an identical fabric, of cotton or of man-made fibres
135 935 pieces
09.8120
31
ex 6212 10 10
6212 10 90
Brassières, woven, knitted or crocheted
1 100 pieces
09.8121
68
6111 10 90
6111 20 90
6111 30 90
ex 6111 90 00
ex 6209 10 00
ex 6209 20 00
ex 6209 30 00
ex 6209 90 00
Babies' garments and clothing accessories, excluding babies' gloves, mittens and mitts of categories 10 and 87, and babies' stockings, socks and sockettes, other than knitted or crocheted, of category 88
19 tonnes
09.8123
72
6112 31 10
6112 31 90
6112 39 10
6112 39 90
6112 41 10
6112 41 90
6112 49 10
6112 49 90
6211 11 00
6211 12 00
Swimwear, of wool, of cotton or of man-made fibres
7 112 pieces
09.8127
76
6203 22 10
6203 23 10
6203 29 11
6203 32 10
6203 33 10
6203 39 11
6203 42 11
6203 42 51
6203 43 11
6203 43 31
6203 49 11
6203 49 31
6211 32 10
6211 33 10
Men's or boys' industrial or occupational clothing, other than knitted or crocheted
6 tonnes
6204 22 10
6204 23 10
6204 29 11
6204 32 10
6204 33 10
6204 39 11
6204 62 11
6204 62 51
6204 63 11
6204 63 31
6204 69 11
6204 69 31
6211 42 10
6211 43 10
Women's or girls' aprons, smock-overalls and other industrial or occupational clothing, other than knitted or crocheted
09.8128
78
6203 41 30
6203 42 59
6203 43 39
6203 49 39
6204 61 80
6204 61 90
6204 62 59
6204 62 90
6204 63 39
6204 63 90
6204 69 39
6204 69 50
6210 40 00
6210 50 00
6211 31 00
6211 32 90
6211 33 90
6211 41 00
6211 42 90
6211 43 90
Garments, other than knitted or crocheted, excluding garments of categories 6, 7, 8, 14, 15, 16, 17, 18, 21, 26, 27, 29, 68, 72, 76 and 77
95 tonnes
09.8130
84
6214 20 00
6214 30 00
6214 40 00
6214 90 10
Shawls, scarves, mufflers, mantillas, veils and the like, other than knitted or crocheted, of wool, of cotton or of man-made fibres
75 tonnes
09.8131
86
6212 20 00
6212 30 00
6212 90 00
Corsets, corset-belts, suspender-belts, braces, suspenders, garters and the like, and parts thereof, whether or not knitted or crocheted
1 100 pieces
09.8134
159
6204 49 10
6206 10 00
Dresses, blouses and shirt-blouses, not knitted or crocheted, of silk or of silk waste
5 tonnes
6214 10 00
Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of silk or of silk-waste
6215 10 00
Ties, bow-ties and cravats, of silk or of silk-waste
09.8135
161
6201 19 00
6201 99 00
6202 19 00
6202 99 00
6203 19 90
6203 29 90
6203 39 90
6203 49 90
6204 19 90
6204 29 90
6204 39 90
6204 49 90
6204 59 90
6204 69 90
6205 90 10
6205 90 90
6206 90 10
6206 90 90
ex 6211 20 00
6211 39 00
6211 49 00
Garments, not knitted or crocheted, other than those of categories 1 to 123 and of category 159
62 tonnes
09.8136
20
6302 21 00
6302 22 90
6302 29 90
6302 31 10
6302 31 90
6302 32 90
6302 39 90
Bed linen, other than knitted or crocheted
3 tonnes
09.8137
40
ex 6303 91 00
ex 6303 92 90
ex 6303 99 90
6304 19 10
ex 6304 19 90
6304 92 00
ex 6304 93 00
ex 6304 99 00
Woven curtains (including drapes, interior blinds, curtain and bed valances and other furnishing articles), other than knitted or crocheted, of wool, of cotton or of man-made fibres
80 tonnes
09.8138
91
6306 21 00
6306 22 00
6306 29 00
Tents
1,1 tonnes
09.8139
109
6306 11 00
6306 12 00
6306 19 00
6306 31 00
6306 39 00
Tarpaulins, sails, awnings and sunblinds
11 tonnes
09.8140
110
6306 41 00
6306 49 00
Woven pneumatic mattresses
1,1 tonnes
09.8141
111
6306 91 00
6306 99 00
Camping goods, woven, other than pneumatic mattresses and tents
1,1 tonnes

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Source: https://www.legislation.gov.uk/eur/2000/1615 (the official version)
Page: https://openlegislation.uk/eu-regulation-2000-1615
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

