S.I. No. 37/1988:

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

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

WHEREAS the State has been authorised under the Regulations of the Council of the European Communities dated 5 February 1982 (No. 288/82/EEC⁽¹⁾), 14 November 1983 (No. 3420/83/EEC⁽²⁾), 29 June 1984 (No. 2072/84/EEC⁽³⁾), and 22 December 1986 (No. 4136/86/EEC⁽⁴⁾), to take the surveillance measures hereinafter specified (the conditions and details of which the Council has determined in those Regulations):

⁽¹⁾OJ No. L35 of 9.2.1982, p.1.

⁽²⁾OJ No. L346 of 8.12.1983, p.6.

⁽³⁾OJ No. L 198 of 27.7.1984, p.1.

⁽⁴⁾OJ No. L387 of 31.12.1986, p.42.

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 Clothing and Textile Products 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⁽⁵⁾ as amended by Commission Regulation (EEC) No. 3840/86⁽⁶⁾, and as further amended or replaced by any subsequent Regulations or Decisions of an institution of the European Communities.

⁽⁵⁾OJ No. L161 of 17.7.1972, p.1.

⁽⁶⁾OJ No. L368 of 19.12.1986, p.1.

3. (1) These Regulations apply to goods which originate in a State which is not a Member State of the European Communities and are specified at a Nimexe code mentioned in column (1) of the Schedule to these Regulations, but do not apply to goods in free circulation to which the European Communities (Surveillance of Certain Textile Products and Footwear Imports) Regulations, 1988 ( S.I. No. 38 of 1988 ), and the Commission Decision of 19 December 1986 (No. 87/61/EEC)⁽⁷⁾ apply.

⁽⁷⁾OJ No. L32 of 3.2.1987, p.18.

(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 or 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 or misleading 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 Clothing and Textile Products Imports) Regulations, 1985 ( S.I. No. 264 of 1985 ), are hereby revoked.

SCHEDULE

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 clothing and textile products. It makes certain abuses of that surveillance system an offence punishable by fine or imprisonment.