Article 1

Regulation (EEC) No 3030/93 is hereby amended as follows:

1. 1..

   Article 1 is amended as follows:

   1. (a)

      paragraph 1 shall be replaced by the following:

      ‘1.

      Without prejudice to Article 2 (5) and to Article 13, this Regulation shall apply to imports of textile products listed in Annex I, originating in third countries with which the Community has concluded bilateral agreements, protocols or other arrangements as listed in Annex II. The relevant provisions of this Regulation shall also apply to imports of textile and clothing products originating in China in respect of Article 10a.’;

   2. (b)

      paragraph 7 shall be deleted;

2. 2..

   Article 2 shall be amended as follows:

   1. (a)

      paragraph 4 shall be deleted;

   2. (b)

      paragraph 5 shall be replaced by the following:

      ‘5.

      The release for free circulation of products the importation of which was subject to quantitative limits before 1 January 2005, as listed in Annexes Va and VIIa and which were shipped before that date shall continue, until 31 March 2005, to be subject to the presentation of an import authorisation that shall be issued under the import regime in force before 1 January 2005. Shipment of the goods shall be considered to have taken place on the date of their loading in the country of origin on to the exporting aircraft, vehicle or vessel.’;

3. 3..

   in Article 3, paragraphs 3 and 4 shall be deleted;

4. 4..

   Article 7 shall be replaced by the following:

   ‘Flexibility provisions

   Article 7

   Provided they notify the Commission in advance, supplier countries may effect transfers between the quantitative limits listed in Annexes V and Va to the extent and subject to the conditions stipulated in Annexes VIII and VIIIa.’;

5. 5..

   Article 9 shall be deleted;

6. 6..

   Article 10 shall be amended as follows:

   1. (a)

      paragraphs 4, 5 and 6, subparagraphs (b) and (c) of paragraph 9, and paragraphs 10 and 12 shall be deleted;

   2. (b)

      paragraph 7 subparagraph (a) shall be amended as follows:

      1. (a)

         ‘Measures taken pursuant to paragraph 3 shall be subject to a Commission communication published without delay in the Official Journal of the European Union.;’

   3. (c)

      in paragraph 8, the first sentence shall be replaced by the following:

      ‘The consultations with the supplier country concerned which are provided for in paragraph 3 may lead to an arrangement between that country and the Community, on the introduction and the level of quantitative limits.’;

   4. (d)

      paragraph 13 shall be replaced by the following:

      ‘13.

      Measures provided for in paragraphs 3 and 9 of this Article shall be adopted and implemented in accordance with the procedure laid down in Article 17.’;

7. 7..

   in Article 10a, the following paragraph shall be inserted:

   ‘2a.

   The imports of textile and clothing products covered in Annex I originating in China as indicated in table B of Annex III are subject to a system of single prior surveillance in accordance with Article 13 and Part IV of Annex III. The requirement for the issuance of a surveillance document shall not apply to textile and clothing products for which an import authorisation is issued pursuant to Article 2(5). This prior surveillance system will be lifted once the ex-post customs-based surveillance system set up under Article 13 is fully operational. Decisions to terminate the prior surveillance system and to amend table B of Annex III shall be taken in accordance with Article 17.’;

8. 8..

   Article 11 shall be deleted;

9. 9..

   in Article 13, paragraph 1 shall be replaced by the following:

   ‘1.

   Where, in accordance with the relevant provisions of an agreement, protocol or other arrangement between the Community and a third country, or in order to monitor the trends of imports of products originating in a third country, a system of surveillance a priori or a posteriori is introduced on a category of products referred to in Annex I which is not subject to the quantitative limits listed in Annex V, the procedures and formalities concerning single and double checking, economic outward processing, classification and certification of origin shall be those laid down in Annex III and IV.’;

10. 10..

    in Article 13, paragraph 3 shall be replaced by the following:

    ‘3.

    The decision to impose the surveillance system on categories of products or on supplier countries not listed in the tables in Annex III shall be taken, when applicable, in accordance with the relevant provisions regarding consultations contained in the agreement, protocol or other arrangements with the third country in question.

    The Commission shall decide to introduce an a priori or an a posteriori surveillance system. Decisions to impose the a priori surveillance system as well as any other measures needed to implement this system, shall be adopted in accordance with the procedure laid down in Article 17.’;

11. 11..

    Article 14 shall be deleted;

12. 12..

    Article 15(1) shall be replaced by the following:

    ‘1.

    Where, following the enquiries carried out in accordance with the procedures established in Annex IV, the Commission finds that the information in its possession constitutes proof that products originating in a supplier country listed in Annex V and being subject to the quantitative limits referred to in Article 2 or introduced pursuant to Articles 10 or 10a have been trans-shipped, re-routed or otherwise imported into the Community through circumvention of such quantitative limits and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened, in accordance with the procedure described in Article 17, so that agreement may be reached on an equivalent adjustment of the corresponding quantitative limits.’;

13. 13..

    in Article 16, paragraph 2 shall be deleted;

14. 14..

    Article 20 shall be replaced by the following:

    ‘Article 20

    This Regulation shall not prejudice the provisions of the bilateral agreements, protocols or arrangements between the Community and the third countries listed in Annex II.’;

15. 15..

    the following Article shall be inserted:

    ‘Article 21a

    References to Annexes V, VII and VIII are deemed to cover also, where appropriate, Annexes Va, VIIa and VIIIa;’;

16. 16..

    Annexes I, II, III, V, VII, VIII, IX and X shall be amended and new Annexes Va, VIIa and VIIIa added as indicated in the Annex to this Regulation.