Chapter III. SURVEILLANCE AND SAFEGUARD MEASURES

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Article 11

  1. Where imports of textile products originating in third countries other than those listed in Annex II threaten to cause injury to Union production of like or directly competitive products, the Commission, acting at the request of a Member State or on its own initiative, may:

(a) decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 30(2),

(b) decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance, in accordance with the advisory procedure referred to in Article 30(2).

  1. Where imports of textile products originating in third countries listed in Annex II and liberalised at Union level threaten to cause injury to the Union production of like or directly competitive products, or where the economic interests of the Union so require, the Commission, acting at the request of a Member State or on its own initiative, may:

(a) decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 30(2);

(b) decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance in accordance with the advisory procedure referred to in Article 30(2).

  1. The measures referred to in paragraphs 1 and 2 shall, as a rule, be of a limited period of validity.

Article 12

  1. Where imports of textile products originating in third countries other than those listed in Annex II take place in such increased quantities, absolute or relative, and/or under such conditions, so as to cause serious injury or actual threat thereof to the Union production of like or directly competitive products, the Commission may, acting at the request of a Member State or on its own initiative, alter the import rules for the product in question by providing that it may be put into free circulation only on production of an import authorisation, the granting of which shall be governed by such provisions and subject to such limits as the Commission shall lay down.
  2. Where imports of textile products originating in third countries listed in Annex II and liberalised at Union level take place in such increased quantities, absolute or relative, and/or under such conditions, so as to threaten to cause injury to the Union production of like or directly competitive products, or where the economic interests of the Union so require, the Commission may, acting at the request of a Member State or on its own initiative, alter the import rules for the product in question by providing that it may be put into free circulation only on production of an import authorisation, the granting of which shall be governed by such provisions and subject to such limits as the Commission shall lay down.
  3. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 concerning measures referred to in paragraphs 1 and 2 of this Article in order to alter the import rules for the product in question, including by amending the Annexes to this Regulation.
  4. The measures referred to in this Article and Article 11 shall apply to every product which is put into free circulation after the entry into force of those measures.

However, such measures shall not prevent the release for free circulation of products already shipped to the Union provided that the destination of such products cannot be changed and that those products which, under this Article and Article 11, may be put into free circulation only on production of a surveillance document are in fact accompanied by such a document.

In accordance with Article 16, measures referred to in this Article and Article 11 may be confined to one or more regions of the Union.

Article 13

In cases of emergency where the absence of measures would cause irreparable damage to the Union industry, and where the Commission finds, upon its own initiative or on the request of a Member State, that the conditions set out in Article 12(1) and (2) are fulfilled, and considers that a given category of products listed in Annex I and not subject to any quantitative restriction should be subject to quantitative limits or prior or retrospective surveillance measures, and therefore imperative grounds of urgency so require, the procedure provided for in Article 32 shall apply to delegated acts referred to in Article 12(3) in order to alter the import rules for the product in question, including by amending the Annexes to this Regulation.

Article 14

  1. Products subject to prior Union surveillance or safeguard measures may be put into free circulation only on production of a surveillance document.

In the case of prior Union surveillance measures, the surveillance document shall be issued free of charge by the competent authority designated by Member States within a maximum of 5 working days following receipt of an application to the national competent authority by any Union importers, regardless of their place of business in the Union, for any quantity requested. Such an application shall be deemed to be received by the national competent authority no later than 3 working days after submission, unless it is proven otherwise. The surveillance document shall be made out on a form corresponding to the specimen in Annex VI. Article 21 shall apply mutatis mutandis.

In the case of safeguard measures, the surveillance document shall be issued in accordance with the provisions of Chapter IV.

  1. Information other than that provided for in paragraph 1 may be required when the decision to impose surveillance or safeguard measures is taken.
  2. The surveillance document shall be valid for imports throughout the territory in which the Treaty is applied under the conditions laid down in the Treaty, regardless of the issuing Member State, without prejudice, however, to measures taken under Article 16 of this Regulation.
  3. The surveillance document shall not in any event be used beyond the expiry of the period which will be laid down at the same time and by means of the same procedure as the imposition of surveillance or safeguard measures, and which will take account of the nature of the products and other special features of the transactions.
  4. Where a decision taken under the appropriate procedure referred to in Article 30 so requires, the origin of products under Union surveillance or safeguard measures must be proved by a certificate of origin. This paragraph shall be without prejudice to other provisions concerning the production of any such certificate.
  5. Where the product under prior Union surveillance is subject to regional safeguard measures in a Member State, the import authorisation granted by that Member State may replace the surveillance document.

Article 15

In accordance with the advisory procedure referred to in Article 30(2), the Commission may, at the request of a Member State or on its own initiative, if the situation referred to in Article 12(2) is likely to arise:

— reduce the period of validity of any surveillance document required for the surveillance measures,

— make the issue of the surveillance document subject to certain conditions and, as an exceptional measure, subject to the insertion of a revocation clause, or, with the frequency and for the length of time indicated by the Commission, to the prior information and consultation procedure referred to in Articles 6 and 8.

Article 16

Where on the basis, in particular, of the factors referred to in Articles 10, 11 and 12, it emerges that the conditions laid down for the adoption of surveillance or safeguard measures are met in one or more regions of the Union, the Commission, after having examined alternative solutions, may exceptionally authorise the application of surveillance or safeguard measures limited to the region or regions concerned if it considers that such measures applied at that level are more appropriate than measures applied throughout the Union.

Those measures must be temporary and, insofar as possible, must not disrupt the operation of the internal market.

Those measures shall be adopted in accordance with the appropriate procedure applicable to measures to be adopted pursuant to Articles 10, 11 and 12.

Chapter IV. MANAGEMENT OF UNION IMPORT RESTRICTIONS

Article 17

  1. The competent authorities of the Member States shall notify the Commission of the quantities covered by the requests for import authorisations which they have received.
  2. The Commission shall notify its confirmation that the requested quantities are available for importation in the chronological order in which the notifications of the Member States have been received («first come, first served» basis).
  3. Where there is reason to believe that anticipated requests may exceed the quantitative limits, the Commission may, in accordance with the examination procedure referred to in Article 30(3), divide the quantitative limits into tranches or fix maximum amounts per allocation. The Commission may, in accordance with the examination procedure referred to in Article 30(3), reserve a proportion of a specific quantitative limit for requests supported by evidence of past import performance.
  4. The notifications referred to in paragraphs 1 and 2 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
  5. The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the validity of the import authorisation. Such unused quantities shall automatically be transferred into the remaining quantities of the total Union quantitative limit.
  6. The Commission may, in accordance with the examination procedure referred to in Article 30(3), take any measure necessary to implement this Article.

Article 18

  1. All Union importers, regardless of where they are established in the Union, may submit authorisation applications to the competent authority of the Member State of their choice.
  2. For the purposes of the second sentence of Article 17(3), importers’ applications shall, where necessary, be accompanied by documentary evidence of previous imports for each category and each third country concerned.

Article 19

The competent authorities of the Member States shall issue import authorisations within 5 working days of notification of the Commission decision or within the time limit set by the Commission.

Those authorities shall inform the Commission that import authorisations have been issued within 10 working days of issuing the authorisations.

Article 20

Where necessary and in accordance with the examination procedure referred to in Article 30(3), import authorisations may be made conditional upon the lodging of a security.

Article 21

  1. Without prejudice to measures taken under Article 16, import authorisations shall authorise the import of products which are subject to quantitative limits and shall be valid throughout the territory in which the Treaty is applied under the conditions laid down in the Treaty, regardless of the place of import mentioned in the applications by importers.

When the Union introduces temporary limits for one or more of its regions, in accordance with Article 16, those limits shall not preclude the importation into the region(s) concerned of products shipped before the date of introduction of those limits.

  1. The period of validity of import authorisations issued by the competent authorities of the Member States shall be 6 months. This period of validity may be modified where necessary, in accordance with the examination procedure referred to in Article 30(3).
  2. Applications for import authorisations shall be drawn up on forms conforming to a specimen the characteristics of which shall be established in accordance with the examination procedure referred to in Article 30(3). The competent authorities may, under the conditions fixed by them, allow application documents to be submitted by electronic means. However, all documents and evidence shall be available to the competent authorities.
  3. Import authorisations may be issued by electronic means at the request of the importer concerned. At the duly motivated request of that importer, and provided that paragraph 3 has been complied with, an import authorisation issued by electronic means may be replaced by an import authorisation in paper form by the competent authority of the same Member State which issued the original import authorisation. However, that authority shall only issue an import authorisation in written form after having ensured that the authorisation by electronic means has been cancelled.

Any measure necessary to implement this paragraph may be adopted in accordance with the examination procedure referred to in Article 30(3).

  1. At the request of the Member State concerned, textile products in the possession of the competent authorities of that Member State, particularly in the context of bankruptcy or similar procedures, for which a valid import authorisation is no longer available, may be released into free circulation in accordance with the examination procedure referred to in Article 30(3).

Article 22

Without prejudice to the specific provisions to be adopted in accordance with the examination procedure referred to in Article 30(3), import authorisations shall not be loaned or transferred, whether for a consideration or free of charge, by the person in whose name the document was issued.

Article 23

The validity of import authorisations which are wholly or partly unused may be extended, if enough quantities are available, in accordance with the examination procedure referred to in Article 30(3).

Article 24

The competent authorities of the Member States shall inform the Commission, within 30 days following the end of each month, of the quantities of products subject to Union quantitative limits which have been imported during the preceding month.

Chapter V. OUTWARD PROCESSING TRAFFIC

Article 25

Re imports into the Union of textile products listed in the table set out in Annex V, effected in accordance with the rules on economic outward processing in force in the Union, shall not be subject to the quantitative limits referred to in Articles 2, 3 and 4 where they are subject to the specific quantitative limits given in the table set out in Annex V and have been re imported after processing in the listed corresponding third country for each of the quantitative limits specified.

Article 26

The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to subject re imports not covered by this Chapter and Annex V to specific quantitative limits, provided that the products in question are subject to the quantitative limits laid down in Articles 2, 3 and 4.

Where a delay in the imposition of specific quantitative limits to re imports of outward processing trade would cause damage to the Union industry which would be difficult to repair and therefore imperative grounds of urgency so require, the procedure provided for in Article 32 shall apply to delegated acts adopted pursuant to the first paragraph of this Article.

Article 27

  1. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to effect transfers between categories of products set out in section A of Annex I and advance use or carry-over of portions of specific quantitative limits referred to in Article 26 from one year to another.

Where a delay in the imposition of measures referred to in the first subparagraph would cause damage to the Union industry by impeding outward processing trade given the legal requirement to operate such transfers from one year to the next, and such damage would be difficult to repair, and therefore imperative grounds of urgency so require, the procedure provided for in Article 32 shall apply to delegated acts adopted pursuant to the first subparagraph of this paragraph.

  1. However, automatic transfers in accordance with paragraph 1 may be carried out within the following limits:

(a) transfer between categories of products set out in section A of Annex I of up to 20% of the quantitative limit established for the category to which the transfer is made,

(b) carry-over of a specific quantitative limit from one year to another of up to 10,5% of the quantitative limit established for the actual year of utilisation,

(c) advance use of a specific quantitative limit of up to 7,5% of the quantitative limit established for the actual year of utilisation.

  1. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to adjust the specific quantitative limits where there is a need for additional imports.

Where there is a need for additional imports and where a delay in the adjustment of the specific quantitative limits would cause damage to the Union industry by impeding access to such required additional imports which would be difficult to repair, and therefore imperative grounds of urgency so require, the procedure provided for in Article 32 shall apply to delegated acts adopted pursuant to the first subparagraph of this paragraph..

  1. The Commission shall inform the third country or third countries concerned of any measures taken pursuant to this Article.

Article 28

  1. For the purpose of applying Article 25, the competent authorities of the Member States shall, before issuing prior authorisations in accordance with the relevant Union rules on economic outward processing, notify the Commission of the amounts of the requests for authorisations which they have received. The Commission shall notify its confirmation that the requested amounts are available for re importation within the respective Union limits in accordance with the relevant Union rules on economic outward processing.
  2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case:

(a) the third country in which the goods are to be processed;

(b) the category of textile products in question;

(c) the amount to be re imported;

(d) the Member State in which the re imported products are to be put into free circulation;

(e) an indication as to whether the requests relate to:

(i) a past beneficiary applying for the quantities set aside under Article 3(4), or in accordance with the fifth subparagraph of Article 3(5), of Council Regulation (EC) No 3036/94 <*>; or

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<*> Council Regulation (EC) No 3036/94 of 8 December 1994 establishing economic outward processing arrangements applicable to certain textiles and clothing products reimported into the Community after working or processing in certain third countries (OJ L 322, 15.12.1994, p. 1).

(ii) an applicant under the third subparagraph of Article 3(4) or under Article 3(5) of Regulation (EC) No 3036/94.

  1. The notifications referred to in paragraphs 1 and 2 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
  2. If the requested amounts are available, the Commission shall confirm to the competent authorities of the Member States the full amount indicated in the requests notified for each category of products and each third country concerned. Notifications presented by Member States for which no confirmation can be given because the amounts requested are no longer available within the Union quantitative limits, shall be stored by the Commission in the chronological order in which they have been received and confirmed in the same order as soon as further amounts become available through the application of automatic transfers provided for in Article 27.
  3. The competent authorities shall notify the Commission without delay after being informed of any quantity that is not used during the duration of validity of the import authorisation. Such unused quantities shall automatically be re credited to the quantities within the Union quantitative limits not set aside pursuant to the first subparagraph of Article 3(4), or to the fifth subparagraph of Article 3(5), of Regulation (EC) No 3036/94.

The quantities for which a renunciation has been made pursuant to the third sub paragraph of Article 3(4) of Regulation (EC) No 3036/94 shall automatically be added to the quantities within the Union quota that are not set aside pursuant to the first subparagraph of Article 3(4), or to the fifth sub paragraph of Article 3(5), of that Regulation.

All such quantities as outlined in the preceding subparagraphs shall be notified to the Commission in accordance with paragraph 3.

Article 29

The competent authorities of the Member States shall provide the Commission with the names and addresses of the authorities competent to issue the prior authorisations referred to in Article 28 together with specimens of the stamp impressions used by them.

Chapter VI. DECISION MAKING PROCEDURES AND FINAL PROVISIONS

Article 30

  1. The Commission shall be assisted by the Textile Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
  2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
  3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 31

  1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2. The power to adopt delegated acts referred to in Article 3(3), Article 5(2), Article 12(3), Article 13, Article 26, Article 27(1) and (3) and Article 35 shall be conferred on the Commission for a period of 5 years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
  3. The delegation of power referred to in Article 3(3), Article 5(2), Article 12(3), Article 13, Article 26, Article 27(1) and (3) and Article 35 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5. A delegated act adopted pursuant to Article 5(2) and Articles 13 and 35 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
  6. A delegated act adopted pursuant to Article 3(3), Article 12(3), Article 26 and Article 27(1) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or of the Council.

Article 32

  1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.
  2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 31(5) or (6). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 33

  1. This Regulation shall not preclude the fulfilment of obligations arising from special rules contained in agreements concluded between the Union and third countries.
  2. Without prejudice to other Union provisions, this Regulation shall not preclude the adoption or application by Member States of:

(a) prohibitions, quantitative restrictions or surveillance measures on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historic or archaeological value, or the protection of industrial and commercial property;

(b) special formalities concerning foreign exchange;

(c) formalities introduced pursuant to international agreements in accordance with the Treaty.

The Member States shall inform the Commission of the measures or formalities to be introduced or amended in accordance with the first subparagraph.

In the event of extreme urgency, the national measures or formalities in question shall be communicated to the Commission immediately upon their adoption.

Article 34

The Commission shall include information on the implementation of this Regulation in its annual report on the application and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a of Council Regulation (EC) No 1225/2009 <*>.

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<*> Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

Article 35

The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to amend the relevant Annexes where necessary to take into account the conclusion, amendment or expiry of agreements or arrangements with third countries or amendments made to Union rules on statistics, customs arrangements or common rules for imports.

Article 36

Regulation (EC) No 517/94 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

Article 37

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 9 June 2015.

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