Commission Regulation (EC) No 1280/98 of 19 June 1998 establishing the quantities to be allocated to importers from the Community quantitative quotas redistributed by Regulation (EC) No 786/98
Date: 1998-06-19
Institutions: European Commission
Subjects: EU market, import licence, import policy, manufactured goods, market organisation, quantitative restriction

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Official Journal of the European Communities

L 176/17

COMMISSION REGULATION (EC) No 1280/98

of 19 June 1998

establishing the quantities to be allocated to importers from the Community
quantitative quotas redistributed by Regulation (EC) No 786/98

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 (1), as last
amended by Regulation (EC) No 1138/98 (2),

Having regard to Council Regulation (EC) No 520/94 of 7
March 1994 establishing a Community procedure for
administering quantitative quotas (3), as amended by
Regulation (EC) No 138/96 (4), and in particular Articles 9
and 13 thereof,

Having regard to Commission Regulation (EC) No 786/
98 of 14 April 1998 redistributing the unused portions of
the 1997 quantitative quotas for certain products origin-
ating in the People’s Republic of China (5), and in partic-
ular Article 6 thereof,

Whereas Regulation (EC) No 786/98 established the
portion of each of the quotas concerned reserved for
traditional and other importers and the conditions and
methods for participating in the allocation of the quant-
ities available; whereas importers lodged applications for
import licences with the competent national authorities
between 16 April and 6 May 1998 at 3 p.m., Brussels time,
in accordance with Article 3 of Regulation (EC) No 786/
98;

Whereas the Commission has received from the Member
States under Article 5 of Regulation (EC) No 786/98
the numbers and aggregate volume of
particulars of
import
submitted and the total
volume imported by traditional importers in 1995, the
reference year;

licence applications

Whereas the Commission is now able, on the basis of that
information, to establish uniform quantitative criteria by
which the competent national authorities may satisfy
licence applications
in the
Member States for the quantitative quotas redistributed by
Regulation (EC) No 786/98;

submitted by importers

Whereas examination of the figures supplied by Member
States shows that the aggregate volume of the applications
submitted by traditional importers for the products listed
in Annex I to this Regulation exceeds the portion of the
quota set aside for them; whereas the applications must
therefore be met by applying the uniform rate of reduc-
tion shown in Annex I to the imports, expressed in value
or volume terms, of each importer over the reference
period;

Whereas examination of the figures supplied by Member
States shows that the aggregate volume of applications
submitted by non-traditional importers for the products
listed in Annex II to this Regulation exceeds the portion
of the quota set aside for them; whereas the applications
must therefore be met by applying the uniform rate of
reduction shown in Annex II to the amounts requested by
each importer, as limited by Regulation (EC) No 786/98;

Whereas examination of the figures supplied by Member
States shows that the total applications submitted by non-
traditional importers for products listed in Annex III to
this Regulation amount to less than the portion of the
quota set aside for them; whereas those applications
should therefore be met in full, up to the maximum
amount that can be requested by each importer under
Regulation (EC) No 786/98,

HAS ADOPTED THIS REGULATION:

Article 1

In response to licence applications in respect of the prod-
ucts listed in Annex I duly submitted by traditional
importers, the competent national authorities shall allo-
cate each importer a quantity or value equal to its imports
for 1995 adjusted by the rate of reduction/increase speci-
fied in the said Annex for each quota.

Where the use of this quantitative criterion would entail
allocating an amount greater than that applied for, the
quantity or value allocated shall be limited to that speci-
fied in the application.

(1) OJ L 67, 10. 3. 1994, p. 89.
(2) OJ L 159, 3. 6. 1998, p. 1.
(3) OJ L 66, 10. 3. 1994, p. 1.
(4) OJ L 21, 27. 1. 1996, p. 6.
(5) OJ L 113, 15. 4. 1998, p. 17.

Article 2

In response to licence applications in respect of the prod-
ucts listed in Annex II duly submitted by non-traditional

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Official Journal of the European Communities

20. 6. 98

importers, the competent national authorities shall allo-
cate each importer a quantity or value equal
to the
amount requested within the limits set by Regulation
(EC) No 786/98, adjusted by the rate of reduction speci-
fied in the said Annex for each quota.

shall be met in full by the competent national authorities,
within the limits set by Regulation (EC) No 786/98.

Article 4

Article 3

Licence applications in respect of the products listed in
Annex III duly submitted by non-traditional importers

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.

Done at Brussels, 19 June 1998.

For the Commission
Leon BRITTAN

Vice-President

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Official Journal of the European Communities

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ANNEX I

Rate of reduction applicable to the imports of 1995

(traditional importers)

Product description

HS/CN code

Rate of reduction

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 82,56 %

6403 51
6403 59

ex 6403 91 (1)
ex 6403 99 (1)

– 46,79 %

– 86,24 %

ex 6404 11 (2)

– 47,24 %

6404 19 10

– 49,09 %

6911 10

– 77,66 %

Tableware, kitchenware of porcelain or china
falling within HS/CN code

Ceramic tableware, kitchenware, other
porcelain or china falling within HS/CN code

than of

6912 00

– 79,83 %

(1) Excluding footwear involving special technology: shoes which have a cif price per pair of not less than ECU 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.

(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 ECU 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.

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ANNEX II

Rate of reduction applicable to the volume/value requested within the limits of the
maximum amounts fixed by Regulation (EC) No 786/98

(non-traditional importers)

Product description

HS/CN code

Rate of reduction

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 79,30 %

6403 51
6403 59

ex 6403 91 (1)
ex 6403 99 (1)

– 92,18 %

– 93,07 %

ex 6404 11 (2)

– 75,66 %

6911 10

– 67,96 %

Tableware, kitchenware of porcelain or china
falling within HS/CN code

Ceramic tableware, kitchenware, other
porcelain or china falling within HS/CN code

than of

6912 00

– 79,53 %

(1) Excluding footwear involving special technology: shoes which have a cif price per pair of not less than ECU 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.

(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 ECU 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.

ANNEX III

Products in respect of which import licence applications may be met in full within the
limits of the maximum amounts fixed by Regulation (EC) No 786/98

(non-traditional importers)

Product description

Footwear falling within HS/CN code

HS/CN code

6404 19 10