S.I. No. 34/1992 - European Communities (Surveillance of Certain Textile Products Imports) Regulations, 1992.


S.I. No. 34 of 1992.

EUROPEAN COMMUNITIES (SURVEILLANCE OF CERTAIN TEXTILE PRODUCTS IMPORTS) REGULATIONS, 1992.

WHEREAS the State has been authorised under the Decision of the Commission of the European Communities dated 22 July 1987 (No. 87/433/EEC),(1) and by the Decision of that Commission dated 18 December 1991 (No. C (91) 3092) authorising certain Member States of the European Communities to apply intra-Community surveillance to imports originating in third countries which have been put into free circulation in the Community and which may be the subject of protective measures under Article 115 of the Treaty establishing the European Economic Community, to take the surveillance measures hereinafter specified (the conditions and details of which the Commission has determined in those Decisions);

(1)O.J. No. L238 of 21.8.1987, p. 26.

NOW, I, DESMOND O'MALLEY, 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 Imports) Regulations, 1992.

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

(2) A reference in these Regulations to a CN code number shall be taken to be a reference to that code number in the integrated tariff of the European Communities (TARIC), as amended from time to time, which said tariff is based on the codes of the combined nomenclature in the Annex to Commission Regulation (EEC) No. 3174/88 of 21 September 1988(2) as amended or replaced by any subsequent regulations or decisions of an institution of the European Communities.

(2)O.J. No. L298 of 31.10.1988, p. 1.

3. (1) These Regulations apply to the goods which are specified at a tariff heading and CN code number mentioned in column (1) of the Schedule to these Regulations, are in free circulation in any Member State of the European 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 18 December 1991 applies were proposed.

(2) The particulars mentioned in column (2) of the Schedule to these Regulations are inserted solely to facilitate identification of the goods specified at the tariff heading and CN code number 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 tariff heading and CN code number in column (1)).

4. (1) The Minister may issue a licence (referred to in these Regulations as a "surveillance licence") to a person authorising the importation into the State of such quantity of the goods to which these Regulations apply as may be specified.

(2) Goods to which these Regulations apply shall not be imported into the State other than under a surveillance licence.

(3) The Minister may refuse to issue 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 or any other person a surveillance licence, 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 shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

6. The European Communities (Surveillance of Certain Textile Products Imports) Regulations, 1991 ( S.I. No. 29 of 1991 ), are hereby revoked.

SCHEDULE

Tariff heading and CN code numbers

(1)

Short description of goods

(2)

61.12 (code numbers

Tracksuits, skisuits and swimwear,

6112 11 000 00,

knitted or crocheted.

6112 12 000 00 and

6112 19 000 00)

62.05 (code numbers

Men's or boy's shirts.

6205 10 002 00,

6205 10 004 00,

6205 20 002 10,

6205 20 002 90,

6205 20 004 10,

6205 20 004 90,

6205 30 002 00 and

6205 30 004 00,

GIVEN under my Official Seal, this 10th day of February, 1992.

DESMOND O'MALLEY,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

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