Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 520/94 establishing a Community procedure for administering quantitative quotas
Date: 1995-10-06
Institutions: European Commission
Subjects: EU market, import licence, import policy, market organisation, quantitative restriction

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  06.10.1995 
COM(95) 460 final 

95/0240 (ACC) 

Proposal  for  a 
COUNCIL  REGULATION  (EC) 
amending Regulation  (EC) No  520/94 
establishing  a Community  procedure  for 
administering  quantitative  quotas 

(presented  by the  Commission) 

Explanatory  Memorandum 

Article  2(5)  of  Regulation  (EC)  No  520/94  establishing  a  Community  procedure  for 
administering  quantitative  quotas(I)  stipulates  that  the  quantities  of  such  quotas  that  are not 
allocated,  assigned  or  used  must  be  redistributed  to  importers  in  time to  allow  them  to be 
used before  the end  of the period  covered by  the quota. 

Experience  has  shown  that  the  information  relating  to  the  unused  quantities  (which 
account  for  the lion's  share of the quantities  liable to be redistributed)  may  not be available 
until  after  the end  of the quota period,  as was the case for  the  1994 quotas 

The  delay  in  this  case  was  the  result  of  the  fact  that  the  period  of  validity  of  import 
licences  was  extended  to  take  account  of  delivery  and  transport  problems,  etc.  arising 
because  of the distance between  the Community  and  China. 

The  quantities  of  the  1994  quotas  that  had  not  been  used  could  not  therefore  be 
redistributed. 

This  situation  could  occur  again. 

Article  2(5)  should  consequently  be  amended  to  introduce  greater  flexibility  in  the  rules 
concerning  the  redistribution  of  quantities  that  are  not  allocated,  assigned  or  used  with  a 
view to ensuring  optimum  use of the quotas. 

It  is  proposed  therefore  that,  in  cases  where  it  finds  that  redistribution  could  not  have 
taken  place  before  the  end  of  the  quota  period,  the  Commission  can  decide  to  carry  out 
the redistribution  during the next quota  period. 

To avoid  excessive  cumulation  of  imports,  such  a decision  will  be  taken  on  a  case-by-case 
basis  taking  into  account  the  type  of  product  and  the  purpose  for  which  the  quotas 
concerned  were  introduced,  following  consultation  of  the  committee  set  up  under 
Regulation  (EC) No  520/94 in accordance with the procedure laid  down in Article 23. 

A proposal  for  a regulation  to this effect  is attached  hereto for  approval. 

(,) 

O J N 0 L 6 6,  10.3.1994, p. 1. 

Proposal  for  a 
COUNCIL  REGULATION  (EC) 
amending  Regulation  (EC)  No  520/94 
establishing  a Community  procedure  for 
administering  quantitative  quotas 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  1  13 thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  Article  2(5) of  Council  Regulation  (EC)  No  520/94<n  provides that  the  quantities  of 
quotas  that  are not  allocated,  assigned  or  used  must  be  redistributed  in  time  to  allow  them  to 
be  used  before  the  end  of  the  period  covered  by  the  quota; 

Whereas  experience  acquired  during  the  administration  of  the  1994  quotas  has  shown  that 
as a result  notably  of the period  of validity  of licences, the information  relating  to the  unused 
quantities  (which  account  for  the  lion's  share  of  the  quantities  liable  to be  redistributed)  was 
not  available  until  after  the  end  of  the  1994  quota  period;  whereas  therefore  those  quantities 
could  not  be  redistributed; 

Whereas  greater  flexibility  should  therefore  be  allowed  in  the  redistribution  of  the  quantities 
that  are  not  allocated,  assigned  or  used;  whereas,  however,  to  avoid  possible  excessive 
accumulation  of  imports,  the  question  of  whether  such  a  redistribution  after  the  end  of  the 
quota  period  is  appropriate  should  be  examined  on  a  case-by~case  basis  and  the  relevant 
arrangements  decided,  notably  with  regard  to  the  period  of  validity  of  licences,  taking  into 
account  the type of  product  in  question  and the  purpose  for  which  the quotas  concerned  were 
introduced; 

Whereas,  to  this  end,  Regulation  (EC)  No  520/94  should  be  amended, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Article  2(5)  of  Regulation  (EC)  No  520/94  is  replaced  by  the  following: 

"5.  Quantities  that  have  not  been  allocated,  assigned  or  used  shall  be  redistributed  in 
accordance  with  Article  14 in  time to allow  them  to be  used  before  the  end  of the  period 
covered  by  the  quota. 

O J N oL  66,  10.3.1994,  p. 1 

Where if it  is found  that it has not been  possible to redistribute  such  quantities  in time, 
the Commission  shall decide, in accordance with the procedure laid down in  Article 23, 
on their redistribution  during the following  quota period." 

Article 2 

This Regulation  shall enter into force  on the third  day following  that of its 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. 

Done at Brussels, 

For the Council 
The President 

ISSN 0254-1475 

COM(95) 460  final 

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