Commission Regulation (EC) No 2833/2000 of 22 December 2000 establishing rules for the management and distribution of textile quotas established for the year 2001 under Council Regulation (EC) No 517/94
Date: 2000-12-22
Institutions: European Commission
Subjects: import, originating product, quantitative restriction, textile product, third country

L 328/20

EN

Official Journal of the European Communities

23.12.2000

COMMISSION REGULATION (EC) No 2833/2000

of 22 December 2000

establishing rules for the management and distribution of textile quotas established for the year
2001 under Council Regulation (EC) No 517/94

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 517/94 of 7
March 1994 relating to the common rules for the import of
textile products 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
Regulation (EC) No 7/2000 (2), and in particular Articles 17(3),
17(6) and 21(2) and (3) thereof, in conjunction with Article
25(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

The Council, through Regulation (EC) No 517/94, estab-
lished quantitative restrictions on imports of certain
textile products originating in certain third countries and
envisaged, in Article 17(2), that these quotas would be
allocated in chronological order of receipt of notifica-
tions from the Member States according to the principle
of first come, first served.

Article 17(3) of Regulation (EC) No 517/94 stipulates
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.

is advisable,

in order not

It
to affect unduly the
continuity of trade flows, to adopt rules for management
the quotas established for 2001
and distribution of
under Regulation (EC) No 517/94 before the quota year
begins.

The measures contained in Commission Regulation (EC)
No 2629/1999 (3), as amended by Regulation (EC) No
394/2000 (4), establishing rules for the management and
distribution of textiles quotas established for the year
2000 pursuant to Council Regulation (EC) No 517/94
proved to be satisfactory.

(1) OJ L 67, 10.3.1994, p. 1.
(2) OJ L 2, 5.1.2000, p. 51.
(3) OJ L 321, 14.12.1999, p. 8.
(4) OJ L 49, 22.2.2000, p. 33.

(6)

(7)

(8)

(9)

In order to satisfy the greatest possible number of opera-
tors it therefore seems appropriate to make the ‘first
first served’ allocation method based on the
come,
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.

The Commission has received requests to increase the
maximum quantities per operator applied for imports of
textile products originating in North Korea. These
requests are justified in order to enable shipments to be
made under adequate economic conditions.

Efforts should nevertheless be made to guarantee a
degree of continuity in trade. 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 2001 equiva-
lent to the quantity (for each textile category and each
third country) which they imported in 2000.

For optimum use of the quantities it is appropriate to
envisage that each operator, after 50 % utilisation of a
licence, can introduce a new request for a licence, not
exceeding a predetermined quantity, provided quantities
are available in the quotas.

It is appropriate for the sake of sound administration 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 import author-
isation under this Regulation for the categories and
countries concerned. The competent national authorities
are however authorised,
in response to importers'
applications, to extend by three months and up to 31
March 2002, licences of which at least 50 % has been
used by the application date.

(10)

Kosovo, as defined by the United Nations Security
Council Resolution 1244 of 10 June 1999, is subject to
international civil administration by the United Nations
Mission in Kosovo (UNMIK) which has established a
separate customs administration. It is, therefore, appro-
priate to identify the country concerned as the ‘Federal
Republic of Yugoslavia including Kosovo’.

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Official Journal of the European Communities

L 328/21

(11)

The measures provided for in this Regulation are in
accordance with the opinion expressed
the
Committee established by Regulation (EC) No 517/94,

by

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation specifies certain rules concerning the manage-
ment of quantitative quotas established by Regulation (EC) No
517/94 and applicable for 2001.

Article 2

The quotas referred to in Article 1 and shown in Annexes III B
and IV to Regulation (EC) No 517/94 shall be allocated on a
‘first come, first served’ basis according to the chronological
order of receipt by the Commission of Member States' notifica-
tions of applications from individual operators, for amounts
not exceeding the maximum quantities per operator stipulated
in the Annex hereto.

These maximum quantities shall not, however, apply to opera-
tors able to prove to the competent national authorities when
making their first application for 2001 that they imported, for
given categories, given third countries and under
import
licences granted to them for 2000, 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 2000 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 under this Regulation may
make a further application for a licence, for the same category
for amounts not exceeding the
and country of origin,
maximum quantities laid down in the Annex hereto, provided
that enough of the quota is available.

Article 4

The requests for import authorisations can be submitted to the
Commission as of 4 January 2001 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 2001. 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 2002.

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 under this Regulation for the
categories and countries concerned.

Article 5

This Regulation shall enter into force on 1 January 2001.

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

Done at Brussels, 22 December 2000.

For the Commission

Pascal LAMY

Member of the Commission

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Official Journal of the European Communities

23.12.2000

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

kilograms

kilograms

kilograms

pieces

pieces

pieces

pieces

pieces

kilograms

pares

pieces

pieces

pieces

pieces

pieces

kilograms

pieces

kilograms

pieces

pieces

pieces

pieces

pieces

pieces

pieces

kilograms

kilograms

kilograms

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

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Official Journal of the European Communities

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Country concerned

Category

Unit

Maximum amount

North Korea
(cont'd)

Bosnia and Herzegovina

59

61

68

69

70

73

74

75

76

77

78

83

87

109

117

118

142

151A

151B

161

1

2

2a

3

5

6

7

8

9

15

16

67

kilograms

kilograms

kilograms

pieces

pieces

pieces

pieces

pieces

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

kilograms

pieces

pieces

pieces

pieces

kilograms

pieces

pieces

kilograms

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

5 000

5 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

20 000

20 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

L 328/24

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Official Journal of the European Communities

23.12.2000

Country concerned

Category

Unit

Maximum amount

Croatia

Federal Republic of Yugoslavia including
Kosovo

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

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

20 000

20 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000