Commission Regulation (EC) No 880/1999 of 28 April 1999 redistributing unused portions of the 1998 quantitative quotas for certain products originating in the People's Republic of China
Date: 1999-04-28
Institutions: European Commission
Subjects: China, import licence, import policy, originating product, quantitative restriction

29. 4. 1999

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Official Journal of the European Communities

L 111/17

COMMISSION REGULATION (EC) No 880/1999

of 28 April 1999

redistributing unused portions of

the 1998 quantitative quotas for certain

products originating in the People’s Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
2(5), 14 and 24 thereof,

(1) Whereas 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 (3), as last amended by Regulation (EC)
No 1138/98 (4),
introduced annual quantitative
for certain products originating in the
quotas
People’s Republic of China listed in Annex II to
that Regulation; whereas the provisions of Regula-
tion (EC) No 520/94 are applicable to those quotas;

(2) Whereas

the Commission accordingly adopted
Regulation (EC) No 738/94 (5), as last amended by
Regulation (EC) No 983/96 (6), laying down general
rules for the implementation of Regulation (EC)
No 520/94; whereas these provisions apply to the
administration of the above quotas subject to the
provisions of this Regulation;

(3) Whereas, in accordance with Article 20 of Regula-
tion (EC) No 520/94, the competent authorities of
the Member States notified the Commission of the
quantities of quotas assigned in 1998 and not used;

(4) Whereas the unused quantities could not be redis-
tributed in time to be used before the end of the
1998 quota year;

(5) Whereas examination of the data received for each
of
the
the products in question indicates that
quantities not used in the 1998 quota year should
be redistributed in 1999, up to a limit of
the
amounts set out in Annex I to this Regulation;

(1) OJ L 66, 10.3.1994, p. 1.
(2) OJ L 21, 27.1.1996, p. 6.
(3) OJ L 67, 10.3.1994, p. 89.
(4) OJ L 159, 3.6.1998, p. 1.
(5) OJ L 87, 31.3.1994, p. 47.
(6) OJ L 131, 1.6.1996, p. 47.

(6) Whereas,

the different administrative methods
provided for by Regulation (EC) No 520/94 having
been considered, the method based on traditional
trade flows should be adopted; whereas under this
method quota tranches are divided into two
portions, one of which is reserved for traditional
importers and the other for other applicants;

(7) Whereas this has proved to be the best way of
ensuring the
the
Community importers concerned and avoiding any
disturbance of trade flows;

continuity of business

for

(8) Whereas quantities redistributed under this Regula-
tion should be divided using the same criteria as
for the allocation of the 1999 quotas;

(9) Whereas the reference period used for the appor-
tionment of the 1999 quotas, consisting of either
the year 1996 or 1997, should again be applied to
the allocation of the share set aside for traditional
importers, since it continues to reflect the normal
trend of trade flows for the products in question;
whereas, therefore, traditional importers must prove
that they imported products originating in China
subject
to the relevant quotas in the course of
either 1996 or 1997;

licences

(10) Whereas it is necessary to simplify the formalities
to be fulfilled by traditional importers who already
hold import
issued when the 1999
Community quotas were allocated; whereas the
competent
already
possess the requisite evidence of either 1996 or
1997 imports for all traditional importers; whereas
the latter need therefore only enclose a copy of
their previous
licences with their new licence
applications;

administrative

authorities

(11) Whereas measures should be taken to provide the
best conditions for the allocation of that portion of
the quota reserved for non-traditional
importers
with a view to optimum use of quotas; whereas, to
that
this end,

is appropriate to provide for

it

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Official Journal of the European Communities

29. 4. 1999

portion to be allocated in proportion to the quant-
ities requested, on the basis of a simultaneous
examination of import licence applications actually
lodged, and grant access only to importers who can
prove that they obtained and made use of at least
80 % of an import licence for the product in ques-
tion during the 1998 quota year and to importers
who did not obtain an import
licence for the
product in question during the 1998 quota year;
any non-traditional
that
whereas
importer may request should also be restricted to a
set volume or value;

the amount

The quantities not used in the 1998 quota year shall be
redistributed up to the limit of the volumes or values set
out in Annex I to this Regulation.

Regulation (EC) No 738/94 laying down general rules for
the implementation of Regulation (EC) No 520/94 shall
apply, subject to the specific provisions of this Regulation.

Article 2

(12) Whereas for the purposes of quota allocation, a
time limit must be set for the submission of licence
applications by traditional and other importers;

1.
The quantitative quotas referred to in Article 1 shall
be allocated using the method based on traditional trade
flows, referred to in Article 2(2)(a) of Regulation (EC) No
520/94.

(13) Whereas with a view to optimum use of quotas,
licence applications for imports of footwear under
quotas which refer
to several CN codes must
specify the quantities required for each code;

(14) Whereas

the Member States must
the import

inform the
licence applications
Commission of
received,
in accordance with the procedure laid
down in Article 8 of Regulation (EC) No 520/94;
im-
whereas
porters’ previous imports must be expressed in the
same units as the quota in question;

the information about

traditional

(15) Whereas in the light of the experience gained in
the management of the quotas, in order to facilitate
import administration formalities
to economic
operators and in view of the fact that unused quant-
ities may not be carried over to the following year
more than once, thus the risk of excessive accumu-
lation of imports appear to be limited, it is deemed
appropriate, without prejudice to the results of a
further analysis which may appear to be warranted
in this respect in the future, to set the expiry date
at 31
of
December 1999;

redistribution import

licences

the

(16) Whereas these measures are in accordance with the
opinion of the Committee for the administration of
quotas set up under Article 22 of Regulation (EC)
No 520/94,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down specific provisions for the
redistribution in 1999 of portions of
the quantitative
quotas referred to in Annex II to Regulation (EC) No
519/94 which were not used in the 1998 quota year.

2.
The portions of each quantitative quota set aside for
traditional importers and other importers are set out in
Annex II to this Regulation.

3.
The portion set aside for non-traditional importers
shall be apportioned using the method based on alloca-
tion in proportion to quantities requested; the volume
requested by a single importer may not exceed that
shown in Annex III. Only importers who can prove that
they imported at least 80 % of the volume of the product
for which they were granted an import licence pursuant
to Commission Regulations (EC) No 2021/97 (1) and/or
(EC) No 1280/98 (2) and importers who declare that they
did not obtain an import licence pursuant to Regulations
(EC) No 2021/97 and/or (EC) No 1280/98 shall be en-
titled to apply for import licences.

Article 3

Applications for import licences shall be lodged from the
day following the day of publication of this Regulation in
the Official Journal of the European Communities to 27
May 1999 at 3 p.m., Brussels time, with the competent
authorities listed in Annex IV to this Regulation.

Article 4

For the purposes of allocating the portion of each
1.
quota set aside for
‘traditional'
traditional
importers shall mean importers who can show that they
have imported goods in either the calendar year 1996 or
1997.

importers,

The evidence referred to in Article 7 of Regulation
2.
(EC) No 520/94 shall relate to the release into free circu-
lation during either calendar year 1996 or 1997, as indi-
cated by the importer, of products originating in the
People’s Republic of China which are covered by the
quota in respect of which the application is made.

(1) OJ L 284, 16.10.1997, p. 42.
(2) OJ L 176, 20.6.1998, p. 17.

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Official Journal of the European Communities

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Instead of the evidence referred to in the first indent

3.
of Article 7 of Regulation (EC) No 520/94:
(cid:190) applicants may enclose with their licence applications
documents drawn up and certified by the competent
national authorities on the basis of available customs
information as evidence of the imports of the product
in question during calendar year 1996 or 1997 carried
out by themselves or, where applicable, by the oper-
ator whose activities they have taken over,

(cid:190) applicants already holding import licences issued for
1999 under Commission Regulation (EC) No 2297/
98 (1), for products covered by the licence application
may enclose a copy of their previous licences with
their licence applications. In that case they shall indi-
cate in their licence application the aggregate quantity
of imports of the product in question during the
chosen reference period.

tions and, in the case of applications from traditional
importers, of the volume of previous imports carried out
by traditional
importers during the reference period
referred to in Article 4(1) of this Regulation.

Article 6

No later than 30 June 1999 the Commission shall adopt
the quantitative criteria to be used by the competent
national authorities for the purpose of meeting importers’
applications.

Article 7

Import licences shall be valid up to 31 December 1999.
The validity shall not be extendable.

Article 5

Article 8

Member States shall
inform the Commission no later
than 10 June 1999 at 10 a.m., Brussels time, of the
number and aggregate quantity of import licence applica-

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, 28 April 1999.

For the Commission

Leon BRITTAN

Vice-President

(1) OJ L 287, 24.10.1998, p. 10.

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Official Journal of the European Communities

29. 4. 1999

ANNEX I

Quantities to be redistributed

Product description

HS/CN code

Quantities
redistributed

Footwear falling within HS/CN codes

ex 6402 99 (1)

6 508 239 pairs

6403 51
6403 59

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

1 294 088 pairs

1 823 036 pairs

ex 6404 11 (2)

5 863 051 pairs

6404 19 10

15 869 720 pairs

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

6911 10

8 175,49 tonnes

Ceramic tableware, kitchenware, other household
articles and toilet articles, other than of porcelain or
china falling within HS/CN code

6912 00

7 043,15 tonnes

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

Allocation of the quotas

Product description

HS/CN code

Portion reserved
for traditional importers

Portion reserved
for other importers

Footwear
HS/CN codes

falling

within

ex 6402 99 (1)

4 881 179 pairs
(75 %)

1 627 060 pairs
(25 %)

6403 51
6403 59

970 566 pairs
(75 %)

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

1 367 277 pairs
(75 %)

323 522 pairs
(25 %)

455 759 pairs
(25 %)

ex 6404 11 (2)

4 397 288 pairs
(75 %)

1 465 763 pairs
(25 %)

6404 19 10

11 902 290 pairs
(75 %)

3 967 430 pairs
(25 %)

6911 10

6912 00

6 131,62 tonnes
(75 %)

2 043,87 tonnes
(25 %)

5 282,36 tonnes
(75 %)

1 760,79 tonnes
(25 %)

kitchenware
Tableware,
porcelain or
china
within HS/CN code

of
falling

Ceramic tableware, kitchen-
ware, other household articles
and toilet articles, other than
of porcelain or china falling
within HS/CN code

(1) Excluding footwear involving special technology: shoes which have a cif price per pair of not less than EUR 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 a 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 EUR 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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Maximum quantity which may be requested by each importer other than traditional

ANNEX III

Product description

HS/CN code

Predetermined
maximum quantity

Footwear falling within HS/CN codes

ex 6402 99 (1)

4 000 pairs

6403 51
6403 59

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

4 000 pairs

4 000 pairs

ex 6404 11 (2)

4 000 pairs

6404 19 10

4 000 pairs

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

6911 10

4 tonnes

Ceramic tableware, kitchenware, other household articles and
toilet articles, other than of porcelain or china falling within
HS/CN code

6912 00

4 tonnes

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

L 111/23

ANNEX IV

LIST OF THE COMPETENT NATIONAL AUTHORITIES

1. BELGIQUE/BELGI(cid:220)

Minist(cid:138)re des affaires (cid:130)conomiques
Administration des relations (cid:130)conomiques, 4e division: Mise
en œuvre des politiques commerciales. Services licences
Ministerie van Economische Zaken
Bestuur van de Economische Betrekkingen. 4e afdeling:
Toepassing van de handelspolitiek. Dienst Vergunningen
60, rue G(cid:130)n(cid:130)ral Leman/Generaal Lemanstraat 60
B-1040 Bruxelles/Brussel
T(cid:130)l./Tel.:
(32 2) 206 58 16
T(cid:130)l(cid:130)copieur/Fax:

(32 2) 230 83 22 231 14 84

2. DANMARK

Erhvervsfremme Styrelsen
Søndergade 25
DK-8600 Silkeborg
Tlf.
(45) 87 20 40 60
Fax (45) 87 20 40 77

3. DEUTSCHLAND

Bundesamt f(cid:129)r Wirtschaft
Frankfurter Straße 29-31
D-65760 Eschborn
Tel.:
Fax:

(49) 61 96 404-0
(49) 61 96 40 42 12

4. GREECE

Ministry of National Economy
1, Kornarou Street
GR-Athens 105-63
Tel.:
Fax:

(301) 328-6031/328-60 32
(301) 328 60 94/328 60 59

5. ESPA(cid:158)A

Ministerio de Econom(cid:146)a y Hacienda
Direcci(cid:155)n General de Comercio Exterior
Paseo de la Castellana, 162
E-28071 Madrid
Tel.:
Fax:

(34) 913 49 38 94/913 49 37 78
(34) 913 49 38 32.

6. FRANCE

Service des titres du commerce ext(cid:130)rieur
8, rue de la Tour-des-Dames
F-75436 Paris Cedex 09
T(cid:130)l.:
T(cid:130)l(cid:130)copieur:

(331) 55 07 46 59

(331) 40 04 04 04

7. IRELAND

Department of Enterprise Trade and Employment
Licencing Unit
Kildare Street
Dublin 2
Tel.:
Fax:

(353 1) 631 21 21
(353 1) 676 61 54

8. ITALIA

Ministero del Commercio con l’estero
Direzione generale delle importazioni e delle esportazioni
Viale America 341
I-00144 Roma

(39 6) 59 931

Tel.:
Telefax:
Telex: 610083-610471-614478

(39 6) 59 93 26 31/59 93 22 35

9. LUXEMBOURG

Minist(cid:138)re des affaires (cid:130)trang(cid:138)res
Office des Licences
Bo(cid:140)te postale 113
L-2011 Luxembourg
T(cid:130)l.:
(352) 22 61 62
T(cid:130)l(cid:130)copieur:

(352) 46 61 38

10. NEDERLAND

Centrale Dienst voor in- en uitvoer
Engelse Kamp 2
Postbus 30003
NL-9700 RD Groningen
Tel.:
Fax:

(31 50) 523 91 11
(31 50) 526 06 98

11. (cid:153)STERREICH

Bundesministerium f(cid:129)r wirtschaftliche Angelegen-
heiten
Landstrasser Hauptstraße 55/57
A-1031 Wien
Tel.:
Fax:

(43) 1 71 10 23 61
(43) 1 715 83 47

12. PORTUGAL

Minist(cid:130)rio da Economia
Direc(cid:135)(cid:209)o-Geral do Com(cid:130)rcio
Avenida da Rep(cid:156)blica, 79
P-1094 Lisboa
Tel.:
Fax:
Telex: 13418

(351 1) 793 09 93/793 30 02
(351 1) 793 22 10/796 37 23

13. SUOMI

Tullihallitus
PL 512
FIN-00101 Helsinki
(358-9) 61 41
P.
(358-9) 614 28 52
F.

14. SVERIGE

Kommerskollegium
Box 6803
S-113 86 Stockholm
Tfn (46-8) 690 48 00
Fax (46-8) 30 67 59

15. UNITED KINGDOM

Department of Trade and Industry
Import Licencing Branch
Queensway House, West Precinct Billingham
Stockton on Tees TS23 2NF
Tel.:
Fax:

(44 1642) 36 43 33/36 43 34
(44 1642) 53 35 57