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S.I. No. 38/1988 - European Communities (Surveillance of Certain Textile Products and Footwear Imports) Regulations, 1988.

S.I. No. 38 of 1988.

EUROPEAN COMMUNITIES (SURVEILLANCE OF CERTAIN TEXTILE PRODUCTS AND FOOTWEAR IMPORTS) REGULATIONS, 1988.

WHEREAS the State has been authorised under the Decision of the Commission of the European Communities dated 22 July 1987 (No. 87/443/EEC(1)), and by the Decision of that Commission dated 19 December 1986 (No. 87/61/EEC(2), to take the surveillance measures hereinafter specified (the conditions and details of which the Commission has determined in those Decisions):

(1)OJ No. L238 of 21.8.1987, p.26.

(2)OJ No. L 32 of 3.2.1987, p.18.

NOW, I, ALBERT REYNOLDS, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Surveillance of Certain Textile Products and Footwear Imports) Regulations, 1988.

2. (1) In these Regulations "the Minister" means the Minister for Industry and Commerce.

(2) A reference in these Regulations to a Nimexe Code shall be taken to be a reference to that code in the Annex to Council Regulation (EEC) No. 1445/72(3), as amended by Commission Regulation (EEC) No. 3840/86(4), and as further amended or replaced by any subsequent Regulations or Decisions of an institution of the European Communities.

(3)OJ No. L161 of 17.7.1972, p.1.

(4)OJ No. L368 of 29.12.1986, p.1.

3. (1) These Regulations apply to the goods which are specified at a Nimexe code mentioned in column (1) of the Schedule to these Regulations, are in free circulation in any Member State of the Community and would be subject to quota or prohibition if importation into the State direct from a country of origin to which the Commission Decision of 19 December 1986 applies were proposed.

(2) The particulars stated in column (2) of the Schedule to these Regulations are inserted solely to facilitate identification of the goods specified at the Nimexe code mentioned in column (1) of that Schedule opposite the insertion in column (2), and, accordingly nothing contained in column (2) shall affect the construction or limit or control the operation of any provision of these Regulations (including the mention of the code in column (1)).

4. The importation into the State of any goods to which these Regulations apply shall be subject to the production by the importer of a surveillance licence issued by the Minister. The Minister may refuse a surveillance licence when authorised to do so by Decisions made from time to time by the Commission of the European Communities under Article 115 of the Treaty establishing The European Economic Community.

5. Any person who for the purpose of obtaining for himself of any other person a licence under these Regulations, makes any statement or representation or presents or lodges any document in respect of an application for any such licence which is to his knowledge false in any material respect shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or both.

6. The European Communities (Surveillance of Certain Textile Products and Footwear Imports) Regulations, 1985 ( S.I. No. 263 of 1985 ), are hereby revoked.

SCHEDULE

Nimexe code

(1)

Short description of goods

(2)

55.08 (all codes)

Terry towelling and similar terry fabrics, of cotton

60.02 (all codes)

Gloves, mittens and mitts, knitted or crocheted, not elastic nor rubberised

60.03 (all codes)

Stockings, under stockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, not elastic nor rubberised

60.04 (all codes except 09, 16, 29, 37, 54, 67, 86, 90)

Under garments, knitted or crocheted not elastic nor rubberised

60.05 (all codes except 21, 27, 28, 35, 36, 38, 44, 45, 50, 66, 68, 74, 79, 81, 83, 85, 90, 92, 93, 94, 95, 96, 97, 98, 99)

Outer garments and other articles knitted or crocheted, not elastic nor rubberised

60.06 (91 and 92 only)

Bathing costumes

61.01 (all codes except 07, 38, 41, 42, 44, 46, 47, 48, 58, 68, 78, 82, 88, 99,

Men's and boys' outer garments

61.02 (all codes except 34, 41, 45, 47, 55, 64, 74, 76, 83, 86, 99)

Women's girls' and infants' outer garments

61.03 (all codes except 16)

Men's and boys' under garments, including collars, shirt fronts and cuffs

61.04 (all codes)

Women's girls' and infants' under garments

61.09 (50 only)

Brassieres

61.11 (100 only)

Accessories for baby clothes

62,02 (all codes except 01, 09, 15, 61, 75, 83, 85, 87, 89)

Bed linen, table linen, toilet linen and kitchen linen

64.01 (all codes)

Footwear with outer soles and uppers of rubber or artificial plastic material

64.02 (all codes except 99)

Footwear with outer soles of leather or composition leather; footwear (other than footwear falling within heading No. 64.01) with outer soles of rubber or artificial plastic material

GIVEN under my Official Seal, this 16th day of March, 1988.

ALBERT REYNOLDS,

Minister for Industry and Commerce.

EXPLANATORY NOTE

The Instrument allows the Minister to operate a strengthened system of surveillance on specific imports of textile and footwear products. It makes certain abuses of that surveillance system an offence punishable by fine or imprisonment.