Commission Regulation (EC) No 209/2005 of 7 February 2005 establishing the list of textile products for which no proof of origin is required on release for free circulation in the Community

of 7 February 2005

establishing the list of textile products for which no proof of origin is required on release for free circulation in the Community

Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1541/98 of 13 July 1998 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 ¹ , and in particular Article 4 thereof,

Whereas:

(1) For those textile and clothing products not subject to specific measures under the Community’s trade policy and which are released for free circulation, the above Regulation provides both that exemption from the obligation to present a proof of origin may be granted and that the provisions establishing exemption from the obligation to present a certificate of origin should indicate if a declaration of origin is to be presented or not for such product.

(2) The Commission Regulation (EC) No 2579/98 of 30 November 1998 established the list of textile products for which no proof of origin was required on release for free circulation in the Community ² . It is presently necessary to update this list by including in it new categories of textile products.

(3) For reasons of clarity and legal certainty, Regulation (EC) No 2579/98 should be expressly repealed and replaced by the provisions of this Regulation.

(4) In order to implement the EU obligations arising from the expiry of the WTO Agreement on Textiles and Clothing, and in particular in order to comply with the requirements of Article 2§8(c) of the WTO Agreement on Textile and Clothing stating that ‘on the first day of the 121st month that the WTO Agreement is in effect, the textiles and clothing sector shall stand integrated into GATT 1994, all restrictions under this Agreement having been eliminated’, the provisions in this Regulation should apply from 1 January 2005.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The release for free circulation of the textile products listed in the Annex to this Regulation shall not be subject to the presentation of any proof of origin.

Article 2

The Regulation (EC) No 2579/98 is repealed.

Article 3

This Regulation shall enter into force seven days following its publication in the Official Journal of the European Union .

It shall apply from 1 January 2005.

Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 February 2005. For the Commission László KOVÁCS Member of the Commission

¹ OJ L 202, 18.7.1998, p. 11 .

² OJ L 322, 1.12.1998, p. 27 .

LIST OF TEXTILE PRODUCTS

Footnotes

1. . ↩ ↩²

2. . ↩ ↩²