Commission Regulation (EC) No 1394/2001 of 9 July 2001 establishing administrative procedures for the 2002 quantitative quotas for certain products originating in the People's Republic of China
Date: 2001-07-09
Institutions: European Commission
Subjects: China, footwear industry, household article, import policy, quantitative restriction, toiletries

10.7.2001

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Official Journal of the European Communities

L 187/31

COMMISSION REGULATION (EC) No 1394/2001

of 9 July 2001

establishing administrative procedures for the 2002 quantitative quotas for certain products origin-
ating in the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

two portions, one of which is reserved for traditional
importers and the other for other applicants.

(5)

(6)

(7)

(8)

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(3) and (4),
Article 6(3), Articles 13, 23 and 24 thereof,

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EC) No 519/94 of 7 March 1994 on
common rules for imports from certain non-member
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 quotas for certain products origin-
ating 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.

Certain characteristics of China's economy, the seasonal
nature of some of the products and the time needed for
transport mean that orders for products subject to quota
are generally placed before the beginning of the quota
year. It is therefore important to ensure that adminis-
trative constraints do not impede the realisation of the
planned imports. In order not to affect the continuity of
trade flows, the arrangements for allocating and admin-
istering the 2002 quotas should accordingly be adopted
before the start of the quota year.

examination of

After
administrative
methods provided for by Regulation (EC) No 520/94,
the method based on traditional trade flows should be
adopted. Under this method the quotas are divided into

the different

(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.

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.

The reference period used for allocating the portion of
importers in the
the quota set aside for traditional
these
previous Regulation on the administration of
quotas cannot be updated. The year 2000 was character-
ised by certain distortions,
in particular a more than
twofold increase of applications from one Member State,
which resulted in substantially reduced individual quota
in all
allocations
Member States. The years 1998 or 1999 are, thus, the
most recent years representative of the normal trend of
trade flows in the products in question. Traditional
importers must,
they have
therefore, prove
imported products originating in China and covered by
the quotas in question in the years 1998 or 1999.

to all non-traditional

importers

that

It has been found in the past that the method provided
for in Article 10 of Regulation (EC) No 520/94, which is
based on the order in which applications are received,
may not be an appropriate way of allocating that
portion of the quota reserved for non-traditional impor-
ters. Consequently,
in accordance with Article 2(4) of
Regulation (EC) No 520/94, it is appropriate to provide
for allocation in proportion to the quantities requested,
on the basis of a simultaneous examination of import
licence applications actually lodged, in accordance with
Article 13 of Regulation (EC) No 520/94.

It has been found that the unusual increase of applica-
tions lodged for the portion of the quota set aside for
importers is due to multiple licence
non-traditional
applications from companies who do not effectively
operate as separate importers, but which have been
established as separate legal entities only for the purpose
of being able to submit additional applications. Regula-
tion (EC) No 520/94, in particular recital 5 and Article 5
thereof, requires the Commission to ensure fair access to
quotas and that import licences be issued for economic-
ally significant quantities. To allocate the non-traditional
quota in line with these principles, the administrative
amended. The Commission
procedures

should be

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considers it necessary that operators applying as non-
traditional importers and falling under the definition of
related persons within the meaning of Article 143 of
Commission Regulation (EC) No 2454/93 (1), as last
amended by Regulation (EC) No 993/2001 (2), may only
submit a single licence application for each line of the
quota set aside for non-traditional importers. In order to
exclude speculative applications, the amount that any
non-traditional
be
restricted to a set volume.

importer may

request

should

(9)

(10)

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

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.

(11)

In view of the special nature of transactions concerning
products subject to quota, and in particular the time
needed for transport, the import licences should expire
on 31 December 2002.

(12)

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,

3. (a) The portion set aside for non-traditional importers shall
be apportioned using the method based on allocation in
proportion to quantities requested; the volume requested
by each applicant may not exceed that shown in Annex
II.

(b) Operators that are deemed to be related persons as
defined by Article 143 of Regulation (EEC) No 2454/93
laying down provisions for
the implementation of
Council Regulation (EC) No 2913/92 establishing the
Community Customs Code (3) may only submit single
licence application for the portion of the quota set aside
for non-traditional
regarding the goods
described in the application. In addition to the state-
ment required by Article 3(2)(g) of Regulation (EC) No
738/94, the licence application for the non-traditional
quota shall state that the applicant is not related to any
other operator applying for the non-traditional quota
line in question.

importers

Article 3

licences shall be lodged with the
Applications for import
competent authorities listed in Annex III 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 7 September 2001.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down for 2002 specific provisions for the
administration of the quantitative quotas referred to in Annex
II to Regulation (EC) No 519/94.

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

Article 4

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

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

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

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

3.
Instead of the documents referred to in the first indent of
Article 7 of Regulation (EC) No 520/94 applicants may enclose
with their licence applications documents drawn up and certi-
fied 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 years 1998 or 1999
carried out by themselves or, where applicable, by the operator
whose activities they have taken over.

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 141, 28.5.2001, p. 1.

(3) OJ L 302, 19.10.1992, p. 1.

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Article 5

Member States shall inform the Commission no later than 21
September 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 reference period referred to in Article 4(1) of this Regula-
tion.

meeting importers' applications no later than 12 October
2001.

Article 7

Import licences shall be valid for one year, starting on 1
January 2002.

Article 6

Article 8

The Commission shall adopt the quantitative criteria to be used
by the competent national authorities for the purpose of

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, 9 July 2001.

For the Commission

Pascal LAMY

Member of the Commission

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ANNEX I

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)

27 406 037 pairs

11 745 444 pairs

6403 51
6403 59

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

1 956 500 pairs

838 500 pairs

8 484 000 pairs

3 636 000 pairs

ex 6404 11 (2)

12 760 146 pairs

5 468 634 pairs

6404 19 10

22 328 402 pairs

9 569 314 pairs

6911 10

33 663 tonnes

14 427 tonnes

6912 00

25 468 tonnes

10 915 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 II

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 III

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
Service des licences

Ministerie van Economische Zaken
Bestuur van de Economische Betrekkingen
4e afdeling: Toepassing van de Handelspolitiek
Dienst Vergunningen
rue Général-Leman 60/Generaal Lemanstraat 60
B-1040 Bruxelles/Brussel
Tél./Tel. (32-2) 206 58 16
Télécopieur/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) 61 96 908-800

4. GREECE/ΕΛΛΑ∆Α

Ministry of National Economy
General Secretariat of International Economic Relations
Directorate for Foreign Trade Issues
1, Kornarou Street
GR-Athens 10563
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
Télécopieur (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 00 83 45
Fax (43) 171 10 00 83 86

12. PORTUGAL

Ministério da Economia
Direcção-Geral das Relações Económicas Internacionais
Avenida da República, 79
P-1069-059 Lisboa
Tel.: (351) 217 91 18 00/19 43
Fax: (351) 217 93 22 10,/217 96 37 23
Telex: 13 418

13. SUOMI/FINLAND

Tullihallitus/Tullstyrelsen
Erottajankatu 2/Skillnadsgatan 2
FIN-00101 Helsinki/Helsingfors
P./tfn (358-9) 6141
F./fax (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