PURPOSE: the repeal of Council Regulation (EC) No 1541/98.

LEGISLATIVE ACT: Regulation (EU) No 955/2011 of the European Parliament and of the Council repealing Council Regulation (EC) No 1541/98 on proof of origin for certain textile products falling within Section XI of the Combined Nomenclature and released for free circulation in the Community and on the conditions for the acceptance of such proof, and amending Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries.

CONTENT: Council Regulation (EC) No 1541/98 lays down the rules on proof of origin for certain textile products originating in third countries with which the Union concluded bilateral textile agreements, protocols or other arrangements, and for textile products in respect of which the Union has established a system of surveillance in order to monitor the trends of imports of products or to which it applies special safeguard measures.

Since Regulation (EC) No 1541/98 was adopted a number of major developments have taken place. The import measures applied by the Union to textile products falling within Section XI of the Combined Nomenclature have gradually decreased in number and impact and are now of a residual nature, in terms of both Combined Nomenclature headings covered and countries concerned.

The obligation to provide additional proof of origin on a systematic basis for the textile products referred to in recital 1 has become disproportionate in relation to its aim, which is to supplement certain import measures which have themselves practically fallen into disuse. Thus this obligation places an unnecessary burden on economic operators.

As a consequence, Regulation (EC) No 1541 is repealed.

ENTRY INTO FORCE: 05/10/2011.

Regulation 2011/955
OJ L 259 04.10.2011, p. 0005

00025/2011/LEX

The European Parliament adopted by 580 votes to 22, with 22 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EC) No 1541/98 on proof of origin for certain textile products falling within Section XI of the Combined Nomenclature and released for free circulation in the Community, and on the conditions for the acceptance of such proof and amending Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries.

It adopted its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.

T7-0248/2011

A7-0156/2011

A7-0156/2011

The Committee on International Trade adopted a report drafted by Jan ZAHRADIL (ECR, CZ) on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EC) No 1541/98 on proof of origin for certain textile products falling within Section XI of the Combined Nomenclature and released for free circulation in the Community, and on the conditions for the acceptance of such proof and amending Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries.

It recommended that the European Parliament adopt its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.

PE462.593

COM(2010)0544

PE458.613

PURPOSE: the repeal of Council Regulation (EC) No 1541/98 on proof of origin for certain textile products falling within Section XI of the Combined Nomenclature and released for free circulation in the Community and the amendment of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries.

PROPOSED ACT: Regulation of the European Parliament and of the Council

BACKGROUND: the requirements regarding the presentation of proof of origin for textile products were introduced with a view to ensuring the correct application of measures on products to which quantitative restrictions applied and to avoid market disruption caused by imports from the People’s Republic (PR) of China.

Regulation (EC) No 1541/98 provides for the conditions of acceptance of proofs of origin for certain textile products originating in third countries and falling within Section XI of the Combined Nomenclature, listed in Annex I to Regulation (EEC) No 3030/93.

In recent years, the import measures applied by the Union to textile products have gradually decreased in their number and impact. Quantitative restrictions on imports originating in countries which are WTO Members were eliminated with the expiry of the WTO Agreement on Textile and Clothing in 2005. Special safeguard provisions for imports of textiles and apparel products originating in the PR of China and covered by the Agreement on Textiles and Clothing (ATC) ended on 31 December 2008 and the regime of double-checking surveillance system of imports categories originating in the PR of China expired.

The management of imports of textile products from third countries, not members of the WTO, subject to remaining quantitative restrictions is based on import authorisations and not on proofs of origin.

The presentation of a proof of origin has no value when a system of surveillance is applied for the categories of products not subject to quantitative restrictions. Given that the products can be imported without any constraints, there is no reason for demanding guarantees regarding their origin.

As a consequence, given that the Union trade policy measures in textiles sector are limited and can be managed without proofs of origin, it is proposed to repeal Council Regulation (EC) No 1541/98 and, in parallel, to amend the related provisions of Council Regulation (EEC) No 3030/93.

IMPACT ASSESSMENT: the Commission looked at two possible options:

Option 1 : no legislative action (which does not appear to be consistent with Community law and the recognised need for simplification) and, Option 2 : legislative action (this would contribute to improving the regulatory environment for industry and align the rules relating to textile imports with those of other industrial products, for which the presentation of certificates of origin is not compulsory).

The Commission’s preferred option is Option 2 since its objective is to remove from the Union set of rules a legal instrument which is unnecessary.

LEGAL BASE: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the proposal repeals Regulation (EC) No 1541/98 and amends the relevant provisions of Regulation (EEC) No 3030/93 regarding the conditions of acceptance of proofs of origins.

FINANCIAL IMPLICATIONS: the proposal has no implication for the Union budget as it does not involve any additional expenditure.

COM(2010)0544
EUR-Lex

PURPOSE: the repeal of Council Regulation (EC) No 1541/98 on proof of origin for certain textile products falling within Section XI of the Combined Nomenclature and released for free circulation in the Community and the amendment of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries.

PROPOSED ACT: Regulation of the European Parliament and of the Council

BACKGROUND: the requirements regarding the presentation of proof of origin for textile products were introduced with a view to ensuring the correct application of measures on products to which quantitative restrictions applied and to avoid market disruption caused by imports from the People’s Republic (PR) of China.

Regulation (EC) No 1541/98 provides for the conditions of acceptance of proofs of origin for certain textile products originating in third countries and falling within Section XI of the Combined Nomenclature, listed in Annex I to Regulation (EEC) No 3030/93.

In recent years, the import measures applied by the Union to textile products have gradually decreased in their number and impact. Quantitative restrictions on imports originating in countries which are WTO Members were eliminated with the expiry of the WTO Agreement on Textile and Clothing in 2005. Special safeguard provisions for imports of textiles and apparel products originating in the PR of China and covered by the Agreement on Textiles and Clothing (ATC) ended on 31 December 2008 and the regime of double-checking surveillance system of imports categories originating in the PR of China expired.

The management of imports of textile products from third countries, not members of the WTO, subject to remaining quantitative restrictions is based on import authorisations and not on proofs of origin.

The presentation of a proof of origin has no value when a system of surveillance is applied for the categories of products not subject to quantitative restrictions. Given that the products can be imported without any constraints, there is no reason for demanding guarantees regarding their origin.

As a consequence, given that the Union trade policy measures in textiles sector are limited and can be managed without proofs of origin, it is proposed to repeal Council Regulation (EC) No 1541/98 and, in parallel, to amend the related provisions of Council Regulation (EEC) No 3030/93.

IMPACT ASSESSMENT: the Commission looked at two possible options:

Option 1 : no legislative action (which does not appear to be consistent with Community law and the recognised need for simplification) and, Option 2 : legislative action (this would contribute to improving the regulatory environment for industry and align the rules relating to textile imports with those of other industrial products, for which the presentation of certificates of origin is not compulsory).

The Commission’s preferred option is Option 2 since its objective is to remove from the Union set of rules a legal instrument which is unnecessary.

LEGAL BASE: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the proposal repeals Regulation (EC) No 1541/98 and amends the relevant provisions of Regulation (EEC) No 3030/93 regarding the conditions of acceptance of proofs of origins.

FINANCIAL IMPLICATIONS: the proposal has no implication for the Union budget as it does not involve any additional expenditure.

COM(2010)0544
EUR-Lex