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.
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.
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.
2. 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.
3. 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..
4. The Commission shall inform the third country or third countries concerned of any measures taken pursuant to this Article.
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 ( 8 ) ; or
(ii)
an applicant under the third subparagraph of Article 3(4) or under Article 3(5) of Regulation (EC) No 3036/94.
3. 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.
4. 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.
5. 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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
