Basic information
Outline of the 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).
Product coverage
Textile imports from third countries
Nature of licensing
Automatic
If Automatic, administrative purpose
Improving transparency of import trends of the products concerned, without limiting the access to the EU market
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
Currently, no third country is under this surveillance mechanism.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The legal basis is Regulation (EU) No. 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. A consolidated version can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02015R0936-201...
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Licensing is statutorily required for the products listed in the relevant texts that also define the product coverage without leaving any administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
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.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
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.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
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.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
The Commission services collect statistical information on products (SIGL electronic system).
Issuing the license
Can a licence be granted immediately on request?
Surveillance documents are issued on the basis of "first-come, first-served"
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The licensing authorities have to issue a surveillance document within a maximum of five working days following the request submitted by the importer.
Which administrative body is responsible for approving application of licences?
The list of the competent authorities in the Member States delivering import licences is published in the "C" series of the Official Journal.
Must the applications be passed on to other organs for visa, note or approval?
The application must not be passed on to other bodies for approval and the importer has to approach only one administrative organ.
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None.
Are the reasons for any refusal given to applicants?
Yes, the SIGL team is in regular contact with the applicants.
Have applicants a right of appeal in the event of refusal to issue a licence?
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 517/94 and Article 5 Regulation 2015/936).
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
The Commission services collect statistical information on products (SIGL electronic system).
What documents are required upon actual importation?
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
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.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported as well as to cover import licences.
Is a licence required as a condition to obtaining foreign exchange?
A licence is not required as a condition to obtaining foreign exchange.