Textiles (Surveillance Regime)
- Document symbol
- G/LIC/N/3/EU/13
- Original language
- English
- Published on
- 19/11/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
A surveillance mechanism is in place in case textile imports from third countries threaten to cause damage to the EU production of like or directly competitive products. The Commission, at the request of a Member State or on its own initiative may decide to introduce retrospective surveillance or make certain imports subject to prior EU surveillance. Currently, no third country is under this surveillance mechanism. As the above-mentioned, the two import regime schemes are currently not applied. For details on the procedures applicable, the eligibility of importers to apply for a licence, the documentational and other requirements for application for a licence and the conditions of licensing, please refer to the previous EU notification (G/LIC/N/3/EU/10).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Textile imports from third countries
Q3. The system applies to goods originating in and coming from which countries?
Currently, no third country is under this surveillance mechanism.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The legal basis is Regulation (EU) No. 2015/936 (OJ L 160, 25.6.2015, p. 1) on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules. A consolidated version can be consulted at the following address: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02015R0936-20180226.
Licensing is statutorily required for the products listed in the relevant texts that also define the product coverage without leaving any administrative discretion.
Relevant regulations contain provisions relating to the duration and expiry of the licensing regime and a licensing system can only be abolished by legislative act.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The licensing authorities have to issue a surveillance document within a maximum of five working days following the request submitted by the importer.
Q7.b. Can a licence be granted immediately on request?
Surveillance documents are issued on the basis of "first-come, first-served"
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
The Commission services collect statistical information on products (SIGL electronic system).
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The list of the competent authorities in the Member States delivering import licences is published in the "C" series of the Official Journal. The application must not be passed on to other bodies for approval and the importer has to approach only one administrative organ.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
None. Yes, the SIGL team is in regular contact with the applicants. SIGL has not encountered any appeal so far. In the end, the Textile Committee (Article 25 Regulation 517/94 and Article 30 of Regulation 2015/936) is the responsible entity "for any matter relating to the application of this Regulation" (Article 5 Regulation No 517/94 – repealed by Regulation (EU) 2015/936- and Article 5 of Regulation (EU) 2015/936).
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Import licences are issued without discrimination to any importer in the EU wherever the place of his establishment may be in the EU, without prejudice to compliance with the other conditions required under current rules. All persons are eligible to become importers.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
For textile products subject to EU surveillance: The sample form is contained in Regulation (EU) 2015/936 (OJ L 160, 25.06.2015, p. 1) on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific European Union import rules as last amended by Regulation (EU) 2017/354 of the European Parliament and of the Council (OJ L 57, 03.03.2017, p.31).
The declaration or request made by the importer to the licensing offices in order to obtain the import authorisation needs to contain:
(a) Consignee (name, full address, country VAT number); (b) Issue No; (c) Proposed place and date of import; (d) Authority responsible for the issue (name, address and telephone number); (e) Declarant/representative as applicable (name and full address); (f) Country of origin/country code; (g) Country of consignment/country code; (h) Last day of validity; (i) Description of goods; (j) CN code and textile category; (k) Quantity of kilograms (net mass) or in additional units; (l) Customs value in EUR, cif at Union frontier; (m) Competent authority's endorsement.
Q11. What documents are required upon actual importation?
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Surveillance documents may not 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.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, see Article 22 of Regulation No 517/94 (repealed) and Regulation (EU) 2015/936.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
The banking authorities automatically provide foreign exchange for goods to be imported as well as to cover import licences. A licence is not required as a condition to obtaining foreign exchange.