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"B COMMISSION REGULATION (EC) No 650/2001
of 30 March 2001
redistributing unused portions of the 2000 quantitative quotas for certain products originating in the
People’s Republic of China
(OJ L 91, 31.3.2001, p. 51)
Corrected by:
"C1 Corrigendum, OJ L 94, 4.4.2001, p. 31 (650/2001)2001R0650 — EN — 31.03.2001 — 000.001 — 1
COMMISSION REGULATION (EC) No 650/2001
of 30 March 2001
redistributing unused portions of the 2000 quantitative quotas for certain
products originating in the People’s Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 520/94 of 7 March 1994
establishing a Community procedure for administering quantitative quotas (
1),
as last amended by Regulation (EC) No 138/96 (2), and in particular Article
2(5) and Articles 14 and 24 thereof,
Whereas:
(1) Council Regulation (EC) No 519/94 of 7 March 1994 on common
rules for imports from certain third countries and repealing
Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No
3420/83 (3), as last amended by Regulation (EC) 1138/98 (4), intro-
duced annual quantitative quotas for certain products originating in thePeople’ s Republic of China listed in Annex II to that Regulation. The
provisions of Regulation (EC) No 520/94 are applicable to those
quotas.
(2) The Commission accordingly adopted Regulation (EC) No 738/94 (
5),
as last amended by Regulation (EC) No 983/96 (6), laying down
general rules for the implementation of Regulation (EC) No 520/94.These provisions apply to the administration of the above quotas
subject to the provisions of this Regulation.
(3) In accordance with Article 20 of Regulation (EC) No 520/94, the
competent authorities of the Member States notified the Commission
of the quantities of quotas assigned in 2000 and not used.
(4) The unused quantities could not be redistributed in time to be used
before the end of the 2000 quota year.
(5) Examination of the data received for each of the products in question
indicates that the quantities not used in the 2000 quota year should beredistributed in 2001, up to a limit of the amounts set out in Annex I to
this Regulation.
(6) The different administrative methods provided for by Regulation (EC)
No 520/94 have been considered, and the method based on traditional
trade flows should be adopted. Under this method quota tranches aredivided into two portions, one of which is reserved for traditionalimporters and the other for other applicants.
(7) This has proved to be the best way of ensuring the continuity of
business for the Community importers concerned and avoiding any
disturbance of trade flows.
(8) Quantities redistributed under this Regulation should be divided using
the same criteria as for the allocation of the 2001 quotas.
(9) The reference period used for the appointment of the 2001 quotas,
consisting of either the year 1998 or 1999, should again be applied to
the allocation of the share set aside for traditional importers, since itcontinues to reflect the normal trend of trade flows for the products inquestion. Therefore, traditional importers must prove that they
imported products originating in China subject to the relevant quotas
in the course of either 1998 or 1999.
(10) It is necessary to simplify the formalities to be fulfilled by traditional
importers who already hold import licences issued when the 2001Community quotas were allocated. The competent administrative
authorities already possess the requisite evidence of either 1998 or!B
(1) OJ L 66, 10.3.1994, p. 1.
(2) OJ L 21, 27.1.1996, p. 6.
(3) OJ L 67, 10.3.1994, p. 89.
(4) OJ L 159, 3.6.1998, p. 1.
(5) OJ L 87, 31.3.1994, p. 47.
(6) OJ L 131, 1.6.1996, p. 47.2001R0650 — EN — 31.03.2001 — 000.001 — 2
1999 imports for all traditional importers. The latter need therefore
only enclose a copy of their previous licences with their new licenceapplications.
(11) Measures should be taken to provide the best conditions for the
allocation of that portion of the quota reserved for non-traditional
importers with a view to optimum use of quotas. To this end, it isappropriate to provide for that portion to be allocated in proportion tothe quantities requested, on the basis of a simultaneous examination of
import licence applications actually lodged, and grant access only to
importers who can prove that they obtained and made use of at least80 % of a an import licence for the product in question during the 2000
quota year. The amount that any non-traditional importer may request
should also be restricted to a set volume or value.
(12) For the purposes of quota allocation, a time limit must be set for the
submission of licence applications by traditional and other importers.
(13) With a view to optimum use of quotas, licence applications for imports
of footwear under quotas which refer to several CN codes must specifythe quantities required for each code.
(14) The Member States must inform the Commission of the import licence
applications received, in accordance with the procedure laid down in
Article 8 of Regulation (EC) No 520/94. The information abouttraditional importers’ previous imports must be expressed in the sameunits as the quota in question.
(15) In the light of the experience gained in the management of the quotas,
in order to facilitate import administration formalities to economicoperators and in view of the fact that unused quantities may not becarried over to the following year more than once, thus the risk of
excessive accumulation of imports appears to be limited, it is deemed
appropriate, without prejudice to the results of a further analysis whichmay appear to be warranted in this respect in the future, to set theexpiry date of the redistribution import liences on 31 December 2001.
(16) These measures are in accordance with the opinion of the Committee
for the Administration of Quotas set up under Article 22 of Regulation(EC) No 520/94,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down specific provisions for the redistribution in 2001 of
portions of the quantitative quotas referred to in Annex II to Regulation (EC)
No 519/94 which were not used in the 2000 quota year.
The quantities not used in the 2000 quota year shall be redistributed up to the
limit of the volumes or values set out in Annex I to this Regulation.
Regulation (EC) No 738/94 laying down general rules for the implementation
of Regulation (EC) No 520/94 shall apply, subject to the specific provisions of
this Regulation.
Article 2
1. The quantitative quotas referred to in Article 1 shall be allocated using
the method base on traditional trade flows, referred to in Article 2(2)(a) ofRegulation (EC) No 520/94.
2. The portions of each quantitative quota set aside for traditional importers
and other importers are set out in Annex II to this Regulation.
3. The portion set aside for non-traditional importers shall be apportioned
using the method based on allocation in proportion to quantities requested;
the volume requested by a single importer may not exceed that shown in
Annex III. Only importers who can prove that they imported at least 80 % ofthe volume of the product for which they were granted an import licencepursuant to Commission Regulation (EC) 2201/1999 (
1) shall be entitled to
apply for import licences.!B
(1) OJ L 268, 16.10.1999, p. 10.2001R0650 — EN — 31.03.2001 — 000.001 — 3
Article 3
Applications for import licences shall be lodged with the competent
authorities listed in Annex IV to this Regulation from the day following the
day of publication of this Regulation in the Official Journal of the European
Communities until 3 p.m., Brussels time, on "C130 April 2001 3.
Article 4
1. For the purposes of allocating the portion of each quota set aside for
traditional importers, ‘traditional’ importers shall mean importers who canshow that they have imported goods in either the calendar year 1998 or 1999.
2. The evidence referred to in Article 7 of Regulation (EC) No 520/94 shall
relate to the release into free circulation during either calendar year 1998 or
1999, as indicated by the importer, of products originating in the People’s
Republic of China which are covered by the quota in respect of which theapplication is made.
3. Instead of the evidence referred to in the first indent of Article 7 of
Regulation (EC) No 520/94:
— applicants may enclose with their licence applications documents drawn
up and certified by the competent national authorities on the basis ofavailable customs information as evidence of the imports of the product
in question during the calendar year 1998 or 1999 carried out by
themselves or, where applicable, by the operator whose activities theyhave taken over,
— applicants already holding import licences issued for 2001 under
Commission Regulation (EC) No 2339/200 (
1), for products covered by
the licence application may enclose a copy of their previous licences with
their licence applications. In that case they shall indicate in their licenceapplication the aggregate quantity of imports of the product in questionduring the chosen reference period.
Article 5
Member States shall inform the Commission no later than
"C114 May
20013at 10 a. m., Brussels time, of the number and aggregate quantity of
import licence applications and, in the case of applications from traditional
importers, of the volume of previous imports carried out by traditionalimporters during the chosen reference period referred to in Article 4(1) of this
Regulation.
Article 6
No later than 20 days after having received all the information required under
Article 5, the Commission shall adopt the quantitative criteria to be used by
the competent national authorities for the purpose of meeting importers’applications.
Article 7
Import licences shall be valid up to 31 December 2001. The validity shall not
be extendable.
Article 8
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
(1) OJ L 269, 21.10.2000, p. 28.2001R0650 — EN — 31.03.2001 — 000.001 — 4
ANNEX I
QUANTITIES TO BE REDISTRIBUTED
Product description HS/CN code Quantities redistributed
Footwear falling within HS/CN codes ex 6402 99 (1) 4 632 695 pairs
6403 51
6403 591 368 549 pairs
ex 6403 91 (1)
ex 6403 99 (1)1 838 095 pairs
ex 6404 11 (2) 3 567 596 pairs
6404 19 10 9 662 302 pairs
Tableware, kitchenware of porcelain or china falling within HS/CN code 6911 10 7 156 tonnesCeramic tableware, kitchenware, other household articles and toilet articles,
other than of porcelain or china falling within HS/CN code6912 00 7 509 tonnes
(
1)Excluding footwear involving special technology: shoes which have a cif price per pair of not less than EUR 9 for use in sporting activities,
with a single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of
vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorbor neutralise impact or materials such as low-density polymers.
(2)Excluding:
(a) footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, sprigs, stops, clips, bats or the
like, with a non-injected sole;
(b) footwear involving special technology: shoes which have a cif price per pair of not less than EUR 9 for use in sporting activities, with a
single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of
vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which
absorb or neutralise impact or materials such as low-density polymers.!B2001R0650 — EN — 31.03.2001 — 000.001 — 5
ANNEX II
ALLOCATION OF THE QUOTAS
Product description HS/CN codePortion reserved for
traditional importers 70 %Portion reserved for other
importers 30 %
Footwear falling within HS/CN codes ex 6402 99 (1) 3 242 887 pairs 1 389 808 pairs
6403 51
6403 59957 984 pairs 410 565 pairs
ex 6403 91 (1)
ex 6403 99 (1)1 286 666 pairs 551 429 pairs
ex 6404 11 (2) 2 497 317 pairs 1 070 279 pairs
6404 19 10 6 763 611 pairs 2 898 691 pairs
Tableware, kitchenware of porcelain or china
falling within HS/CN code6911 10 5 009 tonnes 2 147 tonnes
Ceramic tableware, kitchenware, other house-
hold articles and toilet articles, other than ofporcelain or china falling within HS/CN code6912 00 5 256 tonnes 2 253 tonnes
(
1)Excluding footwear involving special technology: shoes which have a cif price per pair of not less than EUR 9 for use in sporting activities,
with a single-or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of
vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorbor neutralise impact of materials such as low-density polymers.
(2)Excluding:
(a) footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, sprigs, stops, clips, bats or the
like, with a non-injected sole;
(b) footwear involving special technology: shoes which have a cif price per pair of not less than EUR 9 for use in sporting activities, with a
single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of
vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components whichabsorb or neutralise impact or materials such as low-density polymers.!B2001R0650 — EN — 31.03.2001 — 000.001 — 6
ANNEX III
MAXIMUM QUANTITY WHICH MAY BE REQUESTED BY EACH IMPORTER OTHER THAN TRADITIONAL
Product description HS/CN codePredetermined maximum
quantity
Footwear falling within HS/CN codes ex 6402 99 (1) 5 000 pairs
6403 51
6403 595 000 pairs
ex 6403 91 (1)
ex 6403 99 (1)5 000 pairs
ex 6404 11 (2) 5 000 pairs
6404 19 10 5 000 pairs
Tableware, kitchenware of porcelain or china falling within HS/CN code 6911 10 5 tonnesCeramic tableware, kitchenware, other household articles and toilet articles,
other than of porcelain or china falling within HS/CN code6912 00 5 tonnes
(
1)Excluding footwear involving special technology: shoes which have a cif price per pair of not less than EUR 9 for use in sporting activities,
with a single-or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact ofvertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorb
or neutralise impact or materials such as low-density polymers.
(2)Excluding:
(a) footwear which is designed for a sporting activity and has, or has provision for the attachment of spikes, sprigs, stops, clips, bats or the
like, with a non-injected sole;
(b) footwear involving special technology: shoes which have a cif price per pair of not less than EUR 9 for use in sporting activities, with a
single-or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of
vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which
absorb or neutralise impact or materials such as low-density polymers.!B2001R0650 — EN — 31.03.2001 — 000.001 — 7
ANNEX IV
LIST OF THE COMPETENT NATIONAL AUTHORITIES
1. BELGIQUE/BELGIË
Ministère des affaires économiques
Administration des relations économiques4
edivision: Mise en œuvre des politiques commerciales
Services des licencesMinisterie van Economische Zaken
Bestuur van de Economische Betrekkingen
4
eafdeling: Toepassing van de Handelspolitiek
Dienst VergunningenGeneraal Lemanstraat 60, rue Général-Leman 60,B-1040 Brussel/BruxellesTél./Tel. (32-2) 206 58 16
Fax (32-2) 230 83 22/231 14 84
2. DANMARK
Erhvervsfremme Styrelsen
Vejlsøvej 29
DK-8600 SilkeborgTlf. (45) 35 46 60 00Fax (45) 35 46 64 01
3. DEUTSCHLAND
Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)
Frankfurter Straße 29-35D-65760 EschbornTel."
C1(49) 619 69 08-0 3
Fax (49) 619 69 42 26/(49) 6196 908-800
4. GREECE
Ministry of National Economy
General Secretariat of International Economic Relations
Directorate for Foreign Trade Issues1, Kornarou StreetGR-Athens 105-63Tel.: (30-1) 328 60 31/328 60 32Fax: (30-1) 328 60 94/328 60 59
5. ESPAÑA
Ministerio de Economía y Hacienda
Dirección General de Comercio Exterior
Paseo de la Castellana, 162
E-28046 MadridTel.: (34) 913 49 38 94/913 49 37 78Fax: (34) 913 49 38 32/913 49 37 40
6. FRANCE
Service des titres du commerce extérieur
8, rue de la Tour-des-DamesF-75436 Paris Cedex 09Tél. (33-1) 55 07 46 69/95
Fax (33-1) 55 07 46 59
7. IRELAND
Department of Enterprise, Trade and Employment
Licensing Unit, Block C
Earlsfort CentreHatch StreetDublin 2IrelandTel. (353-1) 631 25 41
Fax (353-1) 631 25 62!
B2001R0650 — EN — 31.03.2001 — 000.001 — 8
8. ITALIA
Ministero del Commercio con l’estero
DG per la politica commerciale e la gestione del regime degli scambi —Divisione VII
Viale America, 341
I-00144 RomaTel. (39 06) 599 31 — 59 93 24 19 — 59 93 24 00Fax (39 06) 592 55 56
9. LUXEMBOURG
Ministère des affaires étrangères
Office des licencesBoîte postale 113L-2011 LuxembourgTél. (352) 22 61 62Fax (352) 46 61 38
10. NEDERLAND
Belastingdienst/Douane
Engelse Kamp 2Postbus 300039700 RD GroningenNederland
Tel. (31-50) 523 91 11
Fax (31-50) 526 06 98/523 92 37
11. ÖSTERREICH
Bundesministerium für Wirtschaft und Arbeit
Landstrasser Hauptstraße 55/57
A-1031 Wien
Tel. (43) 171 10 23 86Fax (43) 17 11 02
12. PORTUGAL
Ministério da Economia
Direcção-Geral das Relações Económicas Internacionais
Avenida da República, 79P-1069-059 LisboaTel.: (351-1) 791 18 00/19 43Fax: (351-1) 793 22 10, 796 37 23Telex: 13 418
13. SUOMI
Tullihallitus
Erottajankatu 2FIN-00101 HelsinkiP . (358-9) 61 41F . (358-9) 614 28 52
14. SVERIGE
Kommerskollegium
Box 6803S-113 86 StockholmTfn (46-8) 690 48 00
Fax (46-8) 30 67 59
15. UNITED KINGDOM
Department of Trade and Industry
Import Licensing BranchQueensway House
West Precinct
BillinghamTS23 2NF United KingdomTel. (44-1642) 36 43 33/36 43 34Fax (44-1642) 53 35 57!
B2001R0650 — EN — 31.03.2001 — 000.001 — 9