Commission Regulation (EC) No 2650/98 of 9 December 1998 establishing rules for the management and distribution of textile quotas established for the year 1999 under Council Regulation (EC) No 517/94
Date: 1998-12-09
Institutions: European Commission
Subjects: import, import licence, import policy, quantitative restriction, textile product, third country

10. 12. 98

EN

Official Journal of the European Communities

L 335/43

COMMISSION REGULATION (EC) No 2650/98

of 9 December 1998

establishing rules for the management and distribution of textile quotas estab-
lished for the year 1999 under Council Regulation (EC) No 517/94

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

textile products

Having regard to Council Regulation (EC) No 517/94 of 7
March 1994 relating to the common rules for the import
of
from certain third countries not
covered by bilateral agreements, protocols or other
arrangements, or by other specific Community import
rules (1), as last amended by Commission Regulation (EC)
No 1457/97 (2), and in particular Articles 17(3) and (6) and
21(2) and (3), in conjunction with Article 25(3), thereof,

Whereas the Council, through Regulation (EC) No 517/
94, established quantitative restrictions on imports of
certain textile products originating in certain third coun-
tries and envisaged, in Article 17(2), that these quotas
would be allocated in chronological order of receipt of
notifications from the Member States according to the
principle of first come, first served;

Whereas Article 17(3) of Regulation (EC) No 517/94 stip-
ulates that it is possible, in certain circumstances, to make
use of allocation methods which differ from the method
based exclusively on the chronological order of receipt of
notifications from Member States, as well as to envisage
the division of the quotas into tranches or to set aside part
of a specific quantitative limit exclusively for applications
which are backed up by proof of the results of previous
imports;

Whereas it is advisable, in order not to affect unduly the
continuity of trade flows, to adopt rules for management
the quotas established for 1999
and distribution of
pursuant to Regulation (EC) No 517/94 before the quota
year begins;

Whereas the measures contained in Commission Regula-
tion (EC) No 2458/97 (3) establishing rules
the
management and distribution of textiles quotas estab-
lished for the year 1998 pursuant to Regulation (EC) No
517/94 proved to be satisfactory;

for

chronological order of receipt of the notifications from
Member States more flexible by placing a ceiling on the
quantities which can be allocated to each operator by that
method;

Whereas efforts should nevertheless be made to guarantee
a degree of continuity in trade; whereas this consideration
and the desirability of efficient quota administration
make it appropriate for operators to be allowed to make
their initial
import authorisation application for 1999
equivalent to the quantity (for each textile category and
each third country) which they imported in 1998;

Whereas for optimum use of the quantities it is appro-
priate to envisage that each operator, after 50 % utilisa-
tion of a licence, can introduce a new request for a
licence, not exceeding a predetermined quantity, provided
quantities are available in the quotas;

Whereas it is appropriate for the sake of sound adminis-
tration to make import authorisations valid for nine
months from the date of issue and to stipulate that the
Member States can issue licences only after being notified
of the Commission’s decision and only if an operator can
prove the existence of a contract and certify (except where
specifically provided otherwise) that he has not already
been allocated a Community
authorisation
pursuant to this Regulation for the categories and coun-
tries concerned; whereas the competent national author-
ities are however authorised, in response to importers’
applications, to extend by three months and up to 31
March 2000 licences of which at least 50 % has been
used by the application date;

import

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Committee estab-
lished by Regulation (EC) No 517/94,

HAS ADOPTED THIS REGULATION:

Whereas in order to satisfy the greatest possible number
of operators it therefore seems appropriate to make the
‘first come, first served' allocation method based on the

Article 1

(1) OJ L 67, 10. 3. 1994, p. 1.
(2) OJ L 199, 26. 7. 1997, p. 6.
(3) OJ L 340, 11. 12. 1997, p. 31.

This Regulation specifies certain rules concerning the
management of quantitative quotas established by Regula-
tion (EC) No 517/94 and applicable for 1999.

L 335/44

EN

Official Journal of the European Communities

10. 12. 98

Article 2

The quotas referred to in Article 1 and shown in Annexes
IIIB and IV to Regulation (EC) No 517/94 shall be al-
located on a ‘first come, first served' basis according to the
chronological order of receipt by the Commission of
Member States’ notifications of applications from indi-
vidual
the
maximum quantities per operator stipulated in the Annex
hereto.

amounts not

exceeding

operators,

for

These maximum quantities shall not, however, apply to
operators able to prove to the competent national author-
ities when making their first application for 1999 that
they imported, for given categories, given third countries
and under import licences granted to them for 1998,
more than the maximum quantities specified for each
category. In the case of such operators, the competent
authorities may authorise imports of no more than the
quantities imported in 1998 for given third countries and
given categories, provided that enough quota is available.

Article 3

Any importer who has used 50 % or more of the amount
allocated to him through a licence pursuant to this Regu-
lation may make a further application for a licence, for
the same category and country of origin, for amounts not
exceeding the maximum quantities laid down in the

Annex hereto, provided that enough of the quota is avail-
able.

Article 4

The requests for import authorisations can be submitted
to the Commission as of 4 January 1999 at 10 a.m.,
Brussels time. Import authorisations shall be valid for
nine months from the date of issue, but in no case later
than 31 December 1999. At the importer’s request, the
competent national authorities may, however, grant a
three-month extension for licences which are at least
50 % used up at the time of the request. The extension
must in no case last beyond 31 March 2000.

The competent authorities of the Member States shall
issue authorisations only after being notified of
the
Commission’s decision and only if an operator can prove
the existence of a contract and, without prejudice to the
provisions of Article 3, certify in writing that he has not
already been allocated a Community import authorisation
pursuant to this Regulation for the categories and coun-
tries concerned.

Article 5

This Regulation shall enter into force on 1 January 1999.

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

Done at Brussels, 9 December 1998.

For the Commission

Leon BRITTAN

Vice-President

10. 12. 98

EN

Official Journal of the European Communities

L 335/45

ANNEX

Maximum amounts referred to in Article 2

Country concerned

Category

Unit

Maximum amount

North Korea

1
2
3
4
5
6
7
8
9
12
13
14
15
16
17
18
19
20
21
24
26
27
28
29
31
36
37
39
59
61
68
69
70
73
74
75
76
77
78
83
87
109
117
118
142
151A
151B
161

Kilograms
Kilograms
Kilograms
Pieces
Pieces
Pieces
Pieces
Pieces
Kilograms
Pairs
Pieces
Pieces
Pieces
Pieces
Pieces
Kilograms
Pieces
Kilograms
Pieces
Pieces
Pieces
Pieces
Pieces
Pieces
Pieces
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Pieces
Pieces
Pieces
Pieces
Pieces
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms
Kilograms

5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
2 500
2 500
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000

L 335/46

EN

Official Journal of the European Communities

10. 12. 98

Country concerned

Category

Unit

Maximum amount

Republics of Bosnia-Herzegovina
and Croatia

Federal Republic of Yugoslavia

1
2
2a
3
5
6
7
8
9
15
16
67

1
2
2a
3
5
6
7
8
9
15
16
67

Kilograms
Kilograms
Kilograms
Kilograms
Pieces
Pieces
Pieces
Pieces
Kilograms
Pieces
Pieces
Kilograms

Kilograms
Kilograms
Kilograms
Kilograms
Pieces
Pieces
Pieces
Pieces
Kilograms
Pieces
Pieces
Kilograms

20 000
20 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000

20 000
20 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000
5 000