Council Regulation (EEC) No 601/92 of 2 March 1992 on the introduction of a prior surveillance system for imports of certain textile products originating in Albania, the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas the Community and its Member States, at an extraordinary ministerial meeting held in the framework of European Political Cooperation in Brussels on 27 August 1991, confirmed their decision to establish diplomatic relations with the Republics of Estonia, Latvia and Lithuania (hereinafter referred to as the ‘Baltic republics’) and emphasized their commitment to offer support for these States' economic and political development; whereas the provisions of the Agreement between the Community and the Union of Soviet Socialist Republics on trade in textile products, concluded on 3 June 1991, is therefore no longer applicable to textile products originating in these three countries;

Whereas, in accordance with the Council Mandate of 23 September 1991, concerning the negotiation of an Agreement on trade and cooperation between the Community and Albania, the Community also expects to finalize an Agreement on trade in textile products with that country;

Whereas, pending the conclusion of bilateral agreements on trade in textile products with Albania and the Baltic republics, provision should be made for prior Community surveillance of imports of certain such products, including those subject to economic outward processing operations; whereas, in this case, release for free circulation of the products in question should be subject to presentation of a standardized import document; whereas this document must be issued by the authorities of the Member States within a certain time limit following a declaration or simple request of the importer; whereas this import document may be used only pending a change in the import arrangements;

Whereas the system of prior surveillance provided for by this Regulation does not affect the provisions of Council Regulation (EEC) No 1765/82 of 30 June 1982 on common rules for imports from State-trading countries nor of Council Regulation (EEC) No 3420/83 of 14 November 1983 on import arrangements for products originating in State-trading countries, not liberalized at Community level;

Whereas determination of the origin of textile products imported from these countries under these arrangements and the origin control procedures must comply with the relevant Community rules in force;

Whereas it is in the Community's interest to ensure the fullest possible exchange of information between the Member States and the Commission on the results of Community surveillance,

HAS ADOPTED THIS REGULATION:

Article1¶

1. This Regulation shall apply to imports of products mentioned in Article 2 originating in Albania and in the Baltic republics.

2. For the purposes of this Regulation, an ‘originating product’ shall be as defined by the relevant Community rules in force. The origin of these products must be established by a certificate of origin issued by the competent authorities of Albania and of the Baltic republics, as the case may be, or by other forms of evidence authorized by the relevant Community rules.

Article2¶

1. Imports of products listed in Annex I to this Regulation shall be subject to prior Community surveillance carried out in accordance with the procedures set out in Article 3.

2. Paragraph 1 shall also apply to the products listed in Annex II that have been subject to outward processing operations in accordance with the relevant Community rules in force.

Article3¶

1. The release for free circulation of products under Community surveillance shall be subject to presentation of an import document. This document shall be issued by the Member States, free of charge, for all quantities requested no later than five working days after the lodging of a simple request by any Community importer in accordance with the national legislation in force, wherever he may be established in the Community.

2. The importer's request must indicate:

a) the name and address of the importer;

b) a description of the product, with reference to:

the CN codes,

the country of origin;

c) the expected date(s) and place(s) of delivery.

3. For products subject to surveillance as provided for in Article 2, the Member States shall notify the Commission within the first 10 days of each month of the quantities and values for which import documents have been issued in the preceding month.

This information from the Member States shall be broken down by category of product and by country.

4. Where the nature of the products or particular circumstances so require, the Commission may, at the request of a Member State or on its own initiative, adjust the frequency with which information must be notified.

5. Where necessary, the Commission shall notify the Member States of trends in imports into the Community of products listed in Annex I.

Article4¶

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

1 OJ No L 164, 26. 6. 1991, p. 1.

2 OJ No L 195, 5. 7. 1982, p. 1. Regulation as last amended by Regulation (EEC) No 1243/86 (OJ No L 113, 30. 4. 1986, p. 1).

3 OJ No L 346, 8. 12. 1983, p. 6. Regulation as last amended by Regulation (EEC) No 3859/91 (OJ No L 362, 31. 12. 1991, p. 83).

ANNEX I

ANNEX II

Official Journal of the European Communities