Commission Regulation (EC) No 650/2001 of 30 March 2001 redistributing unused portions of the 2000 quantitative quotas for certain products originating in the People's Republic of China
Date: 2001-03-30
Institutions: European Commission
Subjects: China, import licence, import policy, originating product, quantitative restriction

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 650/2001

of 30 March 2001

redistributing unused portions of the 2000 quantitative quotas for certain products originating in
the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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 adminis-
tering quantitative quotas (1), as last amended by Regulation
(EC) No 138/96 (2), and in particular Article 2(5) and Articles
14 and 24 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

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) 1138/98 (4), introduced annual quantit-
ative quotas for certain products originating in the
People's Republic of China listed in Annex II to that
Regulation. The provisions of Regulation (EC) No 520/
94 are applicable to those quotas.

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 imple-
mentation of Regulation (EC) No 520/94. These provi-
sions apply to the administration of the above quotas
subject to the provisions of this Regulation.

In accordance with Article 20 of Regulation (EC) No
520/94, the competent authorities of the Member States
notified the Commission of
the quantities of quotas
assigned in 2000 and not used.

The unused quantities could not be redistributed in time
to be used before the end of the 2000 quota year.

Examination of the data received for each of the prod-
ucts in question indicates that the quantities not used in
the 2000 quota year should be redistributed in 2001, 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.

The different administrative methods provided for by
Regulation (EC) No 520/94 have been considered, and
the method based on traditional trade flows should be
adopted. Under this method quota tranches are divided
into two portions, one of which is reserved for tradi-
tional

importers and the other for other applicants.

This has proved to be the best way of ensuring the
continuity of business for the Community importers
concerned and avoiding any disturbance of trade flows.

Quantities redistributed under this Regulation should be
divided using the same criteria as for the allocation of
the 2001 quotas.

The reference period used for the appointment of the
2001 quotas, consisting of either the year 1998 or
1999, should again be applied to the allocation of the
since it
traditional
share set aside for
continues to reflect the normal trend of trade flows for
the products in question. Therefore, traditional impor-
ters must prove that they imported products originating
in China subject to the relevant quotas in the course of
either 1998 or 1999.

importers,

It is necessary to simplify the formalities to be fulfilled
by traditional
importers who already hold import
licences issued when the 2001 Community quotas were
allocated. The
authorities
already possess the requisite evidence of either 1998 or
1999 imports for all traditional
importers. The latter
need therefore only enclose a copy of their previous
licences with their new licence applications.

administrative

competent

(7)

(8)

(9)

(10)

(11) 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. To this end, it is appropriate to provide
for that portion to be allocated in proportion to the
quantities requested, on the basis of a simultaneous
examination of
licence applications actually
lodged, and grant access only to importers who can
prove that they obtained and made use of at least 80 %
of a an import licence for the product in question during
the 2000 quota year. The amount that any non-tradi-
tional importer may request should also be restricted to
a set volume or value.

import

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(12)

For the purposes of quota allocation, a time limit must
be set for the submission of
licence applications by
traditional and other importers.

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

(13) With a view to optimum use of quotas, licence applica-
tions for imports of footwear under quotas which refer
to several CN codes must specify the quantities required
for each code.

(14)

(15)

The Member States must inform the Commission of the
import licence applications received, in accordance with
the procedure laid down in Article 8 of Regulation (EC)
No 520/94. The information about traditional importers'
previous imports must be expressed in the same units as
the quota in question.

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 quantities may not be carried over to
the following year more than once, thus the risk of
excessive accumulation of imports appears 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 of the
redistribution import liences on 31 December 2001.

(16)

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 redistri-
bution in 2001 of portions of the quantitative quotas referred
to in Annex II to Regulation (EC) No 519/94 which were not
used in the 2000 quota year.

The quantities not used in the 2000 quota year shall be redis-
tributed 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

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

The portion set aside for non-traditional importers shall
3.
be apportioned using the method based on allocation 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 Regulation (EC) 2201/
1999 (1) shall be entitled to apply for import licences.

Article 3

Applications for import
licences shall be lodged with the
competent authorities listed in Annex IV to this Regulation
from the day following the day of publication of this Regula-
tion in the Official Journal of the European Communities until 3
p.m., Brussels time, on 8 April 2001.

Article 4

For the purposes of allocating the portion of each quota
1.
set aside for traditional importers, ‘traditional’ importers shall
mean importers who can show that they have imported goods
in either the calendar year 1998 or 1999.

2.
The evidence referred to in Article 7 of Regulation (EC)
No 520/94 shall relate to the release into free circulation
during either calendar year 1998 or 1999, as indicated 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.

Instead of the evidence referred to in the first indent of

3.
Article 7 of Regulation (EC) No 520/94:

— applicants may enclose with their licence applications docu-
ments 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
the calendar year 1998 or 1999 carried out by themselves
or, where applicable, by the operator whose activities they
have taken over,

— applicants already holding import licences issued for 2001
under Commission Regulation (EC) No 2339/200 (2), for
products covered by the licence application may enclose a
copy of their previous licences with their licence applica-
indicate in their licence
In that case they shall
tions.
application the aggregate quantity of
the
product in question during the chosen reference period.

imports of

(1) OJ L 268, 16.10.1999, p. 10.
(2) OJ L 269, 21.10.2000, p. 28.

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Article 5

Member States shall inform the Commission no later than 12
May 2001 at 10 a. m., Brussels time, of the number and
aggregate quantity of import licence applications and, in the
case of applications from traditional importers, of the volume
of previous imports carried out by traditional importers during
the chosen reference period referred to in Article 4(1) of this
Regulation.

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 2001. The
validity shall not be extendable.

Article 6

Article 8

No later than 20 days after having received all the information
the
required under Article 5,

the Commission shall adopt

This Regulation shall enter into force on the day of its publica-
tion 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, 30 March 2001.

For the Commission

Pascal LAMY

Member of the Commission

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ANNEX I

QUANTITIES TO BE REDISTRIBUTED

Product description

HS/CN code

Quantities redistributed

Footwear falling within HS/CN codes

ex 6402 99 (1)

4 632 695 pairs

6403 51
6403 59

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

1 368 549 pairs

1 838 095 pairs

ex 6404 11 (2)

3 567 596 pairs

6404 19 10

9 662 302 pairs

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

6911 10

7 156 tonnes

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

6912 00

7 509 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 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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ANNEX II

ALLOCATION OF THE QUOTAS

Product description

HS/CN code

Portion reserved for
traditional importers
70 %

Portion reserved for other
importers
30 %

Footwear falling within HS/CN codes

ex 6402 99 (1)

3 242 887 pairs

1 389 808 pairs

6403 51
6403 59

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

957 984 pairs

410 565 pairs

1 286 666 pairs

551 429 pairs

ex 6404 11 (2)

2 497 317 pairs

1 070 279 pairs

6404 19 10

6 763 611 pairs

2 898 691 pairs

6911 10

5 009 tonnes

2 147 tonnes

6912 00

5 256 tonnes

2 253 tonnes

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

Ceramic tableware, kitchenware, other house-
hold 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 of 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 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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ANNEX III

MAXIMUM QUANTITY WHICH MAY BE REQUESTED BY EACH IMPORTER OTHER THAN TRADITIONAL

Product description

HS/CN code

Predetermined maximum
quantity

Footwear falling within HS/CN codes

ex 6402 99 (1)

5 000 pairs

6403 51
6403 59

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

5 000 pairs

5 000 pairs

ex 6404 11 (2)

5 000 pairs

6404 19 10

5 000 pairs

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

6911 10

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

6912 00

5 tonnes

5 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 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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ANNEX IV

LIST OF THE COMPETENT NATIONAL AUTHORITIES

1. BELGIQUE/BELGIË

Ministère des affaires économiques
Administration des relations économiques
4e division: Mise en œuvre des politiques commerciales
Services des licences
Ministerie van Economische Zaken
Bestuur van de Economische Betrekkingen
4e afdeling: Toepassing van de Handelspolitiek
Dienst Vergunningen
Generaal Lemanstraat 60, rue Général-Leman 60,
B-1040 Brussel/Bruxelles
Tél./Tel. (32-2) 206 58 16
Fax (32-2) 230 83 22/231 14 84

2. DANMARK

Erhvervsfremme Styrelsen
Vejlsøvej 29
DK-8600 Silkeborg
Tlf. (45) 35 46 60 00
Fax (45) 35 46 64 01

3. DEUTSCHLAND

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)
Frankfurter Straße 29-35
D-65760 Eschborn
Tel. (49) 619 64 08-0
Fax (49) 619 69 42 26/(49) 6196 908-800

4. GREECE

Ministry of National Economy
General Secretariat of International Economic Relations
Directorate for Foreign Trade Issues
1, Kornarou Street
GR-Athens 105-63
Tel.: (30-1) 328 60 31/328 60 32
Fax: (30-1) 328 60 94/328 60 59

5. ESPAÑA

Ministerio de Economía y Hacienda
Dirección General de Comercio Exterior
Paseo de la Castellana, 162
E-28046 Madrid
Tel.: (34) 913 49 38 94/913 49 37 78
Fax: (34) 913 49 38 32/913 49 37 40

6. FRANCE

Service des titres du commerce extérieur
8, rue de la Tour-des-Dames
F-75436 Paris Cedex 09
Tél. (33-1) 55 07 46 69/95
Fax (33-1) 55 07 46 59

7. IRELAND

Department of Enterprise, Trade and Employment
Licensing Unit, Block C
Earlsfort Centre
Hatch Street
Dublin 2
Ireland
Tel. (353-1) 631 25 41
Fax (353-1) 631 25 62

8. ITALIA

Ministero del Commercio con l'estero
DG per la politica commerciale e la gestione del regime degli
scambi — Divisione VII

Viale America, 341
I-00144 Roma
Tel. (39 06) 599 31 — 59 93 24 19 — 59 93 24 00
Fax (39 06) 592 55 56

9. LUXEMBOURG

Ministère des affaires étrangères
Office des licences
Boîte postale 113
L-2011 Luxembourg
Tél. (352) 22 61 62
Fax (352) 46 61 38

10. NEDERLAND

Belastingdienst/Douane
Engelse Kamp 2
Postbus 30003
9700 RD Groningen
Nederland
Tel. (31-50) 523 91 11
Fax (31-50) 526 06 98/523 92 37

11. ÖSTERREICH

Bundesministerium für Wirtschaft und Arbeit
Landstrasser Hauptstraße 55/57
A-1031 Wien
Tel. (43) 171 10 23 86
Fax (43) 17 11 02

12. PORTUGAL

Ministério da Economia
Direcção-Geral das Relações Económicas Internacionais
Avenida da República, 79
P-1069-059 Lisboa
Tel.: (351-1) 791 18 00/19 43
Fax: (351-1) 793 22 10, 796 37 23
Telex: 13 418

13. SUOMI

Tullihallitus
Erottajankatu 2
FIN-00101 Helsinki
P. (358-9) 61 41
F. (358-9) 614 28 52

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 Licensing Branch
Queensway House
West Precinct
Billingham
TS23 2NF
United Kingdom
Tel. (44-1642) 36 43 33/36 43 34
Fax (44-1642) 53 35 57