Commission Regulation (EC) No 2297/98 of 23 October 1998 establishing the quantities to be allocated to importers from the 1999 Community quantitative quotas on certain products originating in the People's Republic of China
Date: 1998-10-23
Institutions: European Commission
Subjects: China, footwear industry, household article, import licence, originating product, quantitative restriction

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Official Journal of the European Communities

24. 10. 98

COMMISSION REGULATION (EC) No 2297/98

of 23 October 1998

from the 1999
establishing the quantities
Community quantitative quotas on certain products originating in the People’s
Republic of China

to be allocated to importers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

importer’s imports, expressed in quantity or value terms,
over the reference period;

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 amended by
Regulation (EC) No 138/96 (2), and in particular Articles 9
and 13 thereof,

Having regard to Commission Regulation (EC) No 1555/
98 of 17 July 1998 establishing administration procedures
for the 1999 quantitative quotas for certain products
originating in the People’s Republic of China (3), and in
particular Article 6 thereof,

Whereas Regulation (EC) No 1555/98 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 have lodged applications
for import licences with the competent national authori-
ties between 19 July and 3 p.m., Brussels time, on 11
September, in accordance with Article 3 of Regulation
(EC) No 1555/98;

Whereas the Commission has received from the Member
States, pursuant to Article 5 of Regulation (EC) No 1555/
98, particulars of the numbers and aggregate volume of
submitted and the total
import
volume imported by traditional
importers in 1996 or
1997, the reference years;

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 1999 quantitative quotas;

submitted by importers

Whereas examination of the figures supplied by Member
States shows that the aggregate volume of 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/increase shown in Annex I to the volume of each

(1) OJ L 66, 10. 3. 1994, p. 1.
(2) OJ L 21, 27. 1. 1996, p. 6.
(3) OJ L 202, 18. 7. 1998, p. 34.

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 1555/98;

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 1555/98,

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 his
imports for 1996 or 1997, as indicated by the importer,
adjusted by the rate of reduction/increase specified 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.

Article 2

In response to licence applications in respect of the prod-
ucts listed in Annex II duly submitted by non-traditional
importers, the competent national authorities shall allo-
to the
cate each importer a quantity or value equal
amount requested within the limits set by Regulation
(EC) No 1555/98, adjusted by the rate of reduction speci-
fied in the said Annex for each quota.

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Official Journal of the European Communities

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Article 3

Licence applications in respect of the products listed in Annex III duly submitted by
non-traditional importers shall be met in full by the competent national authorities, within
the limits set by Regulation (EC) No 1555/98.

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

Article 4

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 23 October 1998.

For the Commission
Leon BRITTAN

Vice-President

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Official Journal of the European Communities

24. 10. 98

ANNEX I

Rate of reduction/increase applicable to imports in 1996 or 1997

(traditional importers)

Product description

HS/CN code

Rate of
reduction/increase
(%)

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 21,89

6403 51
6403 59

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

+ 9,96

– 23,30

ex 6404 11 (2)

– 14,24

6404 19 10

6911 10

6912 00

+ 82,10

– 13,19

– 18,70

Tableware, kitchenware of porcelain or china

Ceramic tableware or kitchenware

(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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Official Journal of the European Communities

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ANNEX II

Rate of reduction applicable to the volume requested within the limits of the maximum
amounts fixed by Regulation (EC) No 1555/98

(non-traditional importers)

Product description

HS/CN code

Rate of reduction
(%)

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 5,89

6403 51
6403 59

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

– 91,03

– 70,54

ex 6404 11 (2)

– 54,81

6404 19 10

6912 00

– 7,90

– 18,99

Ceramic tableware or kitchenware

(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 1555/98

(non-traditional importers)

Product description

Tableware, kitchenware of porcelain or china

HS/CN code

6911 10