EN Official Journal of the European Union L 333/32

COMMISSION IMPLEMENTING REGULATION (EU) 2016/2148

of 7 December 2016

laying down rules for the management and distribution of textile quotas established for the year 2017 under Regulation (EU) 2015/936 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2015/936 of the European Parliament and of the Council of 9 June 2015 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 Union import rules (1), and in particular Article 17(3) and (6) and Article 21(2) thereof,

Whereas:

(1) Regulation (EU) 2015/936 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis.

(2) Under Regulation (EU) 2015/936 it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance.

(3) Rules for the management and distribution of textile quotas established for the year 2017 should be adopted before the quota year begins so that the continuity of trade flows is not unduly affected.

(4) The measures adopted in previous years, such as those in Commission Implementing Regulation (EU) 2015/2106 (2), proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2017.

(5) In order to satisfy the greatest possible number of operators, it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities that can be allocated to each operator by that method.

(6) In order to guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2017 equivalent to the quantity that they imported in 2016.

(7) In order to achieve optimum use of the quantities, an operator who has used at least half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas.

(8) In order to secure a sound administration, import authorisations should be valid for nine months from the date of issue until the end of the year at the latest. Member States should issue authorisations only after being notified by the Commission that quantities are available and only if operators can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that they have not yet been granted a Union import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to an importer's application, to extend by three months and until 31 March 2018 the validity of an authorisation provided that at least half of the allocated quantity has been used by the application date.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 30 of Regulation (EU) 2015/936,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down rules on the management of quantitative quotas for imports of certain textile products set out in Annex III to Regulation (EU) 2015/936 for the year 2017.

Article 2

The quotas referred to in Article 1 shall be allocated according to the chronological order of receipt by the Commission of Member States' notifications of applications from individual operators, for amounts not exceeding the maximum quantities per operator set out in Annex I.

The maximum quantities shall not, however, apply to operators able to prove to the competent national authorities, when making their first application for 2017, that, in respect of given categories and given third countries, they imported more than the maximum quantities specified for each category pursuant to import authorisations granted to them for 2016.

In the case of such operators, the competent authorities may authorise imports not exceeding the quantities imported in 2016 from given third countries and in given categories, provided that enough quota capacity is available.

Article 3

Importers who have already used 50 per cent or more of the amount allocated to them under this Regulation may make a further application, in respect of the same category and country of origin, for amounts not exceeding the maximum quantities laid down in Annex I.

Article 4

1. The competent national authorities listed in Annex II may, from 10.00 a.m., Brussels time, on 11 January 2017, notify the Commission of the amounts covered by requests for import authorisations.

2. The competent national authorities shall issue import authorisations only after being notified by the Commission pursuant to Article 17(2) of Regulation (EU) 2015/936 that the requested quantities are available for importation.

They shall issue authorisations only where an operator:

(a) proves the existence of a contract relating to the provision of the goods; and

(b) certifies in writing that, in respect of the categories and countries concerned: (i) the operator has not already been granted an authorisation under this Regulation; or (ii) the operator has been granted an authorisation under this Regulation but has used at least 50 per cent of the quantity allocated.

3. Import authorisations shall be valid for nine months from the date of issue until 31 December 2017 at the latest.

The competent national authorities may, however, at the importer's request, grant a three-month extension to the validity of an authorisation, provided that at least 50 per cent of the allocated quantity has been used at the time of the request. Such extension shall in no circumstances expire later than 31 March 2018.

Article 5

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply as from 1 January 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 December 2016. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 160, 25.6.2015, p. 1.

(2) Commission Implementing Regulation (EU) 2015/2106 of 20 November 2015 laying down rules for the management and distribution of textile quotas established for the year 2016 under Regulation (EU) 2015/936 of the European Parliament and of the Council (OJ L 305, 21.11.2015, p. 35).

ANNEX I Maximum amounts referred to in Articles 2 and 3 Country concerned Category Unit Maximum amount Republic of Belarus 1 Kilograms 20 000 2 Kilograms 80 000 3 Kilograms 5 000 4 Pieces 20 000 5 Pieces 15 000 6 Pieces 20 000 7 Pieces 20 000 8 Pieces 20 000 15 Pieces 17 000 20 Kilograms 5 000 21 Pieces 5 000 22 Kilograms 6 000 24 Pieces 5 000 26/27 Pieces 10 000 29 Pieces 5 000 67 Kilograms 3 000 73 Pieces 6 000 115 Kilograms 20 000 117 Kilograms 30 000 118 Kilograms 5 000

Country concerned Category Unit Maximum amount Democratic People's Republic of Korea 1 Kilograms 10 000 2 Kilograms 10 000 3 Kilograms 10 000 4 Pieces 10 000 5 Pieces 10 000 6 Pieces 10 000 7 Pieces 10 000 8 Pieces 10 000 9 Kilograms 10 000 12 Pairs 10 000 13 Pieces 10 000 14 Pieces 10 000 15 Pieces 10 000 16 Pieces 10 000 17 Pieces 10 000 18 Kilograms 10 000 19 Pieces 10 000 20 Kilograms 10 000 21 Pieces 10 000 24 Pieces 10 000 26 Pieces 10 000 27 Pieces 10 000 28 Pieces 10 000 29 Pieces 10 000 31 Pieces 10 000 36 Kilograms 10 000 37 Kilograms 10 000 39 Kilograms 10 000 59 Kilograms 10 000 61 Kilograms 10 000 68 Kilograms 10 000 69 Pieces 10 000 70 Pairs 10 000 73 Pieces 10 000 74 Pieces 10 000 75 Pieces 10 000 76 Kilograms 10 000 77 Kilograms 5 000 78 Kilograms 5 000 83 Kilograms 10 000 87 Kilograms 8 000 109 Kilograms 10 000 117 Kilograms 10 000 118 Kilograms 10 000 142 Kilograms 10 000 151A Kilograms 10 000 151B Kilograms 10 000 161 Kilograms 10 000