Commission Regulation (EC) No 2538/2001 of 21 December 2001 on the management of textile quotas established under Council Regulation (EC) No 517/94 for the year 2002
Date: 2001-12-21
Institutions: European Commission
Subjects: import, import policy, quantitative restriction, textile product, third country

22.12.2001

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2538/2001

of 21 December 2001

on the management of textile quotas established under Council Regulation (EC) No 517/94 for the
year 2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

ceiling on the quantities which can be allocated to each
operator by that method.

Having regard to the Treaty establishing the European
Community,

(6)

Having regard to Council Regulation (EC) No 517/94 of 7
March 1994 on common rules for imports of textile products
from certain third countries not covered by bilateral agree-
ments, protocols or other arrangements, or by other specific
Community import rules (1), as last amended by Commission
Regulation (EC) No 2245/2001 (2), and in particular Article
17(3) and (6) and Article 21(2) and (3) thereof,

Whereas:

(7)

(8)

(1)

(2)

(3)

(4)

Regulation (EC) No 517/94 established quantitative
restrictions on imports of certain textile products origin-
ating in certain third countries to be allocated on a first
come, first served basis.

Under that Regulation, it is possible, in certain circum-
to divide
to use other allocation methods,
stances,
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.

Rules for management of
the quotas established for
2002 should be adopted before the quota year begins so
that the continuity of trade flows is not affected unduly.

The measures adopted in previous years, such as those
in 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 (3),
proved to be satisfactory and it is therefore appropriate
to adopt similar rules for 2002.

(5)

In order to satisfy the greatest possible number of opera-
tors it is therefore appropriate to make the ‘first come,
first served’ allocation method more flexible by placing a

(1) OJ L 67, 10.3.1994, p. 1.
(2) OJ L 303, 20.11.2001, p. 17.
(3) OJ L 328, 23.12.2000, p. 20.

To guarantee a degree of continuity in trade and efficient
quota administration, operators should be allowed to
make their initial import authorisation application for
2002 equivalent to the quantity which they imported in
2001.

To achieve optimum use of the quantities, an operator
who has used at
the amount already
least 50 % of
authorised should be permitted to apply for a further
amount provided quantities ae available in the quotas.

For the sake of sound administration,
import author-
isations should be valid for nine months from the date
of issue but until the end of the year at the latest.
Member States should issue licences only after being
notified by the Commission that quantities are available
and only if an operator can prove the existence of a
contract and certify (except where specifically provided
that he has not already been allocated a
otherwise)
Community import authorisation under this Regulation
concerned. The
for
categories
competent national authorities
should, however, be
in response to importers' applications, to
authorised,
extend by three months and up to 31 March 2003
licences of which at least 50 % has been used by the
application date.

and countries

the

(9)

The measures provided for in this Regulation are in
accordance with the opinion of the Textiles Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The purpose of this Regulation is to lay down rules concerning
the management of quantitative quotas for imports of certain
textiles products set out in Annexes IIIB and IV to Regulation
(EC) No 517/94 for the year 2002.

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Article 2

Article 4

The quotas referred to in Article 1 shall be allocated on a ‘first
come, first served’ basis according to the chronological order of
receipt by the Commission of Member States' notifications of
for amounts not
applications
exceeding the maximum quantities per operator set out in the
Annex.

from individual operators,

These maximum quantities shall not, however, apply to opera-
tors able to prove to the competent national authorities when
making their first application for 2002 that they imported, for
given categories, given third countries and under
import
licences granted to them for 2001, 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
2001 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 under this Regulation may make a further
application,
in respect of the same category and country of
origin, for amounts not exceeding the maximum quantities laid
down in the Annex.

1.
The competent national authorities may notify the
Commission of the amounts of requests for import author-
isations from 10.00 on 3 January 2002, Brussels time.

The competent national authorities shall

issue author-
2.
isations only after being notified by the Commission that
quantities are available in accordance with Article 17(2) of
Regulation (EC) No 517/94.

They shall

issue authorisation only if an operator:

(a) proves the existence of a contract relating to the provision

of the goods, and

(b) certifies in writing that,
countries concerned:
(i) he has not already been allocated an authorisation

in respect of the categories and

under this Regulation, or

(ii) he has been allocated an authorisation under this Regu-

lation but has used up at least 50 % of it.

3.
Import authorisation shall be valid for nine months from
the date of issue, but until 31 December 2002 at the latest.

The competent national authorities may, however, at
the
importer's request, grant a three-month extension for author-
isations which are at least 50 % used up at the time of the
request.

This Regulation shall enter into force on 1 January 2002.

Article 5

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

Done at Brussels, 21 December 2001.

For the Commission

Pascal LAMY

Member of the Commission

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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

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
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

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Country concerned

Category

Unit

Maximum amount

Fedral Republic of Yugoslavia

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

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