OpenLegislation

Annex I

United Kingdom

Original text. Later amendments are not shown.

Annex V to Regulation (EEC) No 3030/93 is modified as follows:

  1. (a)

    Annex V is replaced by the following:

    ‘ANNEX V

    COMMUNITY QUANTITATIVE LIMITS

    (a) applicable for the year 2005

    Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

    Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

    (The complete description of the goods is shown in Annex I) Community quantitative limits
    Third countryCategoryUnit2005
    BelarusGROUP IA
    1tonnes1 585
    2tonnes5 100
    3tonnes233
    GROUP IB
    41 000 pieces1 600
    51 000 pieces1 058
    61 000 pieces1 400
    71 000 pieces1 200
    81 000 pieces1 110
    GROUP IIA
    9tonnes363
    20tonnes318
    22tonnes498
    23tonnes255
    39tonnes230
    GROUP IIB
    121 000 pairs5 958
    131 000 pieces2 651
    151 000 pieces1 500
    161 000 pieces186
    211 000 pieces889
    241 000 pieces803
    26/271 000 pieces1 069
    291 000 pieces450
    731 000 pieces315
    83tonnes178
    GROUP IIIA
    33tonnes387
    36tonnes1 242
    37tonnes463
    50tonnes196
    GROUP IIIB
    67tonnes339
    741 000 pieces361
    90tonnes199
    GROUP IV
    115tonnes87
    117tonnes1 800
    118tonnes448
    Serbiaf1 GROUP IA
    1tonnes
    2tonnes
    2atonnes
    3tonnes
    GROUP IB
    51 000 pieces
    61 000 pieces
    71 000 pieces
    81 000 pieces
    GROUP IIA
    9tonnes
    GROUP IIB
    151 000 pieces
    161 000 pieces
    GROUP IIIB
    67tonnes
    Vietnamf2 GROUP IB
    41 000 pieces
    51 000 pieces
    61 000 pieces
    71 000 pieces
    81 000 pieces
    GROUP IIA
    9tonnes
    20tonnes
    39tonnes
    GROUP IIB
    121 000 pairs
    131 000 pieces
    141 000 pieces
    151 000 pieces
    18tonnes
    211 000 pieces
    261 000 pieces
    281 000 pieces
    291 000 pieces
    311 000 pieces
    68tonnes
    731 000 pieces
    76tonnes
    78tonnes
    83tonnes
    GROUP IIIA
    35tonnes
    41tonnes
    GROUP IIIB
    101 000 pairs
    97tonnes
    GROUP IV
    118tonnes
    GROUP V
    161tonnes
    (b) applicable for the years 2005, 2006 and 2007

    Imports into the Community of products which were shipped to the Community before 11 June 2005 but presented for free circulation on or after that date shall not be subject to quantitative limits. Import authorisations for such products shall be granted automatically and without quantitative limits by the competent authorities of the Member States, upon adequate proof, such as the bill of lading, and the presentation of a signed declaration by the importer, that the goods have been shipped to the Community before that date. By way of derogation of Article 2(2) of Council Regulation (EEC) No 3030/93, imports of goods shipped before 11 June 2005 shall also be released for free circulation upon the presentation of a surveillance document issued in accordance with Article 10a(2a) of Council Regulation (EEC) No 3030/93.

    Import authorisations for goods shipped to the Community between 11 June 2005 and 12 July shall be granted automatically and cannot be denied on the grounds that there are no quantities available within the 2005 quantitative limits. However, the import of all products shipped from 11 June 2005 will be counted against the 2005 quantitative limits.

    The granting of import authorisations will not require the presentation of the corresponding export licenses for goods shipped to the Community before China has put in place its export licensing system (20 July 2005).

    Applications for import licences for the import, from the date of entry into force of this Regulation, of goods that have been shipped between 11 June 2005 and 19 July 2005 (inclusive) shall be presented to the competent authorities of a Member State no later than 20 September 2005.

    Goods shipped before 12 July do not need to have been shipped directly to the Community to benefit from the exemption of quantitative limits, although the competent authorities of the Community may deny such benefits if they have reasons to suspect that they have been shipped to another destination before 12 July in order to circumvent this Regulation, in case such transactions do not respond to normal business practices or purely logistical reasons. By way of example, are considered as corresponding to a normal conduct of business goods shipped to distribution centres for the importing companies, or when the importer can present a contract or letter of credit preceding the date of shipment, or when the goods have been transhipped outside China onto another means of transport within a reasonably short period of time.

    The increases to the agreed levels introduced by the Regulation (EC) No 1478/2005 are made available to enable the issuance of import licences for goods shipped to the Community between 13 and 19 July 2005, or for goods shipped to the Community after 20 July 2005 with a valid Chinese export licence, which are in excess of the agreed levels introduced by Commission Regulation (EC) No 1084/2005 in Annex V to Council Regulation (EEC) No 3030/93.

    Should any goods shipped to the Community between 13 and 19 July 2005 exceed these levels, the Commission may authorise the issuance of further import licences after informing the Textiles Committee, and after effecting the transfer of 2 072 924 kg of products of category 2 as provided for in Annex VIII.

    See Appendix A.’

    (The complete description of the goods is shown in Annex I) Agreed levels
    Third countryCategoryUnit11 June to 31 December 2005f3 20062007
    ChinaGROUP IA
    2 (including 2a)tonnes20 21261 94869 692
    GROUP IB
    4f4 1 000 pieces161 255540 204594 225
    51 000 pieces118 783189 719219 674
    61 000 pieces124 194338 923382 880
    71 000 pieces26 39880 49388 543
    GROUP IIA
    20tonnes6 45115 79517 770
    39tonnes5 52112 34913 892
    GROUP IIB
    261 000 pieces8 09627 00129 701
    311 000 pieces108 896219 882248 261
    GROUP IV
    115tonnes2 0964 7405 214
  2. (b)

    Appendix A to Annex V is replaced by the following:

    Appendix A to Annex V

    CategoryThird CountryRemarks
    4China

    For the purpose of setting off exports against the agreed levels a conversion rate of five garments (other than babies' garments) of a maximum commercial size of 130 cm for three garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the agreed levels.

    The export licence concerning these products must bear, in box 9, the words “The conversion rate for garments of a commercial size of not more than 130 cm must be applied”.

Annotations

Footnotes

f1

Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

f2

Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

f3

Imports into the Community of products which were shipped to the Community before 11 June 2005 but presented for free circulation on or after that date shall not be subject to quantitative limits. Import authorisations for such products shall be granted automatically and without quantitative limits by the competent authorities of the Member States, upon adequate proof, such as the bill of lading, and the presentation of a signed declaration by the importer, that the goods have been shipped to the Community before that date. By way of derogation of Article 2(2) of Council Regulation (EEC) No 3030/93, imports of goods shipped before 11 June 2005 shall also be released for free circulation upon the presentation of a surveillance document issued in accordance with Article 10a(2a) of Council Regulation (EEC) No 3030/93.

Import authorisations for goods shipped to the Community between 11 June 2005 and 12 July shall be granted automatically and cannot be denied on the grounds that there are no quantities available within the 2005 quantitative limits. However, the import of all products shipped from 11 June 2005 will be counted against the 2005 quantitative limits.

The granting of import authorisations will not require the presentation of the corresponding export licenses for goods shipped to the Community before China has put in place its export licensing system (20 July 2005).

Applications for import licences for the import, from the date of entry into force of this Regulation, of goods that have been shipped between 11 June 2005 and 19 July 2005 (inclusive) shall be presented to the competent authorities of a Member State no later than 20 September 2005.

Goods shipped before 12 July do not need to have been shipped directly to the Community to benefit from the exemption of quantitative limits, although the competent authorities of the Community may deny such benefits if they have reasons to suspect that they have been shipped to another destination before 12 July in order to circumvent this Regulation, in case such transactions do not respond to normal business practices or purely logistical reasons. By way of example, are considered as corresponding to a normal conduct of business goods shipped to distribution centres for the importing companies, or when the importer can present a contract or letter of credit preceding the date of shipment, or when the goods have been transhipped outside China onto another means of transport within a reasonably short period of time.

The increases to the agreed levels introduced by the Regulation (EC) No 1478/2005 are made available to enable the issuance of import licences for goods shipped to the Community between 13 and 19 July 2005, or for goods shipped to the Community after 20 July 2005 with a valid Chinese export licence, which are in excess of the agreed levels introduced by Commission Regulation (EC) No 1084/2005 in Annex V to Council Regulation (EEC) No 3030/93.

Should any goods shipped to the Community between 13 and 19 July 2005 exceed these levels, the Commission may authorise the issuance of further import licences after informing the Textiles Committee, and after effecting the transfer of 2 072 924 kg of products of category 2 as provided for in Annex VIII.

f4

See Appendix A.’