Opinion of Advocate General Van Gerven delivered on 5 May 1993

1 Original language: Dutch.

2 OJ 1984 L 338, p 98.

3 Arrangement regarding International Trade in Textiles, OJ 1974 L 118, p. 2.; adopted by Council Decision 74/214/EEC of 21 March 1974 concluding the Arrangement regarding International Trade in Textiles, OJ 1974 L 118, p. 1, and extended by the Protocol extending the Arrangement regard ing International Trade in Textiles, OJ 1982 L 83, p. 9.

4 In particular, the 15th recital, set out in point 12 below

5 The NIMEXE codes arc laid down in Commission Regu lation (EEC) No 3529/84 of 14 December 1984 amending the nomenclature of goods for the external trades statistics of the Community and statistics of trade between Member States (NIMEXE), OJ 1984 L. 337, p. 1.

6 Multifibre Arrangement, cited in footnote 2, p. 8. It is undisputed that linen, a product made from flax, is not a manmade fibre.

7 In other words ex 32, which is usually inserted if only part of the products arc covered by the relevant NIMEXE code, is missing.

8 Sec footnote 4; the designation referred to in the text is set out on p. 323.

9 61.01-38, 48, 58, 68, 78, 89, 98 and certain 61.02 codes.

10 Cmc C-136/91 Findling Wälzlager [1993] ECR I-1793

11 Case 58/85 Ethicon [1986] ECR 1141.

12 Paragraphs 12 and 13 of the judgment.

13 Whether that is so, is a matter I do not propose to decide here: the fact remains, as is apparent from this case, that linen windcheaters arc indeed made in developing countries (at any rate in China and South Korea), if perhaps exclusively from raw materials imported from industrialized countries.

14 Cited in footnote 4; the relevant codes arc lo be found on pp 269 and 333.

15 The regulation to be interpreted concerns the application of tariff preferences to textile products (according to the title).

16 For the meaning of ex, sec footnote 6 above.

17 The German Government's report to the Commission was incorporated in the working document which the Commission has submitted in an annex to its answer to questions from the Court. The German Government summarized its request in the last sentence as follows: an amendment — if necessary in the form of a corrigendum — to Regulation No 3563/84 should be made as soon as possible.

18 Regulation (EEC) No 3600/85 applying generalized tariff preferences for 1986 to textile products originating in developing countries, OJ 1985 L 352, p. 107.

19 Sec point 7 above, h is clear that Annex I applies only to productc covered by the Multiiibre Arrangement, which is not the case as regards men's Unen windcheaters.