S.I. No. 35/1990 - European Communities (Surveillance of Certain Textile Products, Footwear and Tableware Imports) Regulations, 1990.

S.I. No. 35 of 1990.

EUROPEAN COMMUNITIES (SURVEILLANCE OF CERTAIN TEXTILE PRODUCTS, FOOTWEAR AND TABLEWARE IMPORTS) REGULATIONS, 1990.

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 21 December 1989 (No. C (89) 2303) 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⁾ OJ 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, Footwear and Tableware Imports) Regulations, 1990.

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

(2) A reference in these Regulation 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⁾ OJ 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 21 December 1989 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, Footwear and Tableware Imports) Regulations, 1989 ( S.I. No. 301 of 1989 ), are hereby revoked.

Tariff heading and CN code numbers	Short description of goods
(1)	(2)
61.01 (code numbers 6101 10 900 00, 6101 20 900 00 and 6101 30 900 00 only).	Men's or boy's overcoats, car coats, capes, cloaks, anoraks (including ski jackets), wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading No. 61.03.
61.02 (code numbers 6102 10 900 00, 6102 20 900 00 and 6102 30 900 00 only).	Women's or girls' overcoats, car coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading No. 61.04.
61.04 (code numbers 6104 41 000 00, 6104 42 000 00, 6104 43 000 00, 6104 44 000 00, 6104 51 000 00, 6104 52 000 00, 6104 53 000 00 and 6104 59 000 00 only).	Women's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted.
61.06 (code numbers 6106 10 000 00, 6106 20 000 00 and 6106 90 100 00 only).	Women's or girls' blouses, shirts and shirt blouses, knitted or crocheted.
61.07 (code numbers 6107 11 000 00, 6107 12 000 00, 6107 19 000 00, 6107 21 000 00, 6107 22 000 00, 6107 29 000 00, 6107 91 000 00, 6107 92 000 00 and 6107 99 000 10, only).	Men's or boys' underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles, knitted or crocheted.
61.08 (code numbers 6108 21 000 00, 6108 22 000 00, 6108 29 000 00, 6108 31 100 00, 6108 31 900 00, 6108 32 110 00, 6108 32 190 00, 6108 32 900 00, 6108 39 000 00, 6108 91 000 00, 6108 92 000 00 and 6108 99 100 00 only).	Women's or girls' slips, petticoats, briefs, panties, nightdresses, pyjamas, negliges, bathrobes, dressing gowns and similar articles, knitted or crocheted.
61.10 (code numbers 6110 10 100 00, 6110 10 310 00, 6110 10 390 10, 6110 10 390 90, 6110 10 910 00, 6110 10 990 10, 6110 10 990 90, 6110 20 910 00, 6110 20 990 00, 6110 30 910 00 and 6110 30 990 00 only).	Jerseys, pullovers, cardigans, waistcoats and similar articles knitted or crocheted.
61.12 (code numbers 6112 11 000 00, 6112 12 000 00 and 6112 19 000 00 only).	Tracksuits, skisuits and swimwear, knitted or crocheted.
62.04 (code numbers 6204 11 000 00, 6204 12 000 10, 6204 12 000 90, 6204 13 000 00, 6204 19 100 00, 6204 21 000 00, 6204 22 900 10, 6204 22 900 90, 6204 23 900 00, 6204 29 190 00, 6204 41 000 00, 6204 42 000 10, 6204 42 000 90, 6204 43 000 00, 6204 44 000 10, 6204 44 000 90, 6204 51 000 11, 6204 51 000 19, 6204 51 000 90, 6204 52 000 10, 6204 52 000 90, 6204 53 000 10, 6204 53 000 90, 6204 59 100 10 and 6204 59 100 90 only).	Women's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear).
62.05 (code numbers 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 only).	Men's or boys' shirts.
62.06 (code numbers 6206 20 000 00, 6206 30 000 10, 6206 30 000 90 and 6206 40 000 00 only).	Women's or girls' blouses, shirts and shirtblouses.
64.01 (all code numbers)	Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes.
64.02 (all code numbers).	Other footwear with outer soles and uppers of rubber or plastics.
64.03 (all code numbers).	Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather.
64.04 (all code numbers).	Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials.
64.05 (code number 6405 90 100 00 only).	Other footwear.
69.11 (all code numbers).	Tablewear, kitchenware, other household articles and toilet articles of porcelain or china.
69.12 (all code numbers).	Ceramic tablewear, kitchenware, other household articles and toilet articles, other than of porcelain or china.

GIVEN under my Official Seal, this 15th day of February, 1990.

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 textiles, footwear and tableware products. It makes certain abuses of that surveillance system punishable by fine or imprisonment.