Commission Regulation (EC) No 637/2002 of 12 April 2002 redistributing unused portions of the 2001 quantitative quotas for certain products originating in the People's Republic of China
Date: 2002-04-12
Institutions: European Commission
Subjects: China, footwear industry, household article, import licence, import policy, originating product, quantitative restriction

L 96/8

EN

Official Journal of the European Communities

13.4.2002

COMMISSION REGULATION (EC) No 637/2002

of 12 April 2002

redistributing unused portions of the 2001 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 adminis-
tering quantitative quotas (1), as amended by Regulation (EC)
No 138/96 (2), and in particular Article 2(5) and Articles 14
and 24 thereof,

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 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 2001 and not used.

The unused quantities could not be redistributed in time
to be used before the end of the 2001 quota year.

(7)

(8)

(9)

Examination of the data received for each of the prod-
ucts in question indicates that the quantities not used in
the 2001 quota year should be redistributed in 2002, up
to a limit of the amounts set out in Annex I to this
Regulation.

(10)

The different administrative methods provided for by
Regulation (EC) No 520/94 have been analysed and it is
considered that the method based on traditional trade

(1)

(2)

(3)

(4)

(5)

(6)

(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.

flows should be adopted. Under this method quota
tranches are divided into two portions, one of which is
reserved for traditional 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 except as regard the determination of
the reference period for traditional
importers and the
introduction of new criteria to prevent multiple applica-
tions by non-traditional

importers.

The reference period used for redistributing the portion
of the unused quantities set aside for traditional impor-
ters in the previous Regulation on the administration of
these quotas should not be updated. The year 2000 was
characterised by certain distortions, in particular a more
than twofold increase of applications from one Member
State, which resulted in substantially reduced individual
quota allocations to all non-traditional importers in all
Member States. The years 1998 or 1999 are, thus, the
most recent years representatives 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.

that

It has been found that the unusual increase of applica-
tions lodged for the portion of the quota set aside for
non-traditional
importers is due to multiple licence
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 redistribute the non-tradi-
tional quota in line with these principles, the adminis-
trative procedures should be amended. The Commission
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

13.4.2002

EN

Official Journal of the European Communities

L 96/9

Commission Regulation (EEC) No 2454/93 (1), as last
amended by Regulation (EC) No 444/2002 (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
be
non-traditional
restricted to a set volume.

importer may

request

should

(11)

It is necessary to simplify the formalities to be fulfilled
by traditional
importers who already hold import
licences issued when the 2002 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

(12) 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 an import licence for the product in question during
the 2001 quota year. The amount that any non-tradi-
tional importer may request should also be restricted to
a set volume or value.

import

analysis which may appear to be warranted in this
respect in the future, to set the expiry date of the redis-
tribution import licences as 31 December 2002.

(17)

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 2002 of portions of the quantitative quotas referred
to in Annex II to Regulation (EC) No 519/94 which were not
used in the 2001 quota year.

The quantities not used in the 2001 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 shall apply subject to the specific
provisions of this Regulation.

Article 2

(13)

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.

(14) 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.

(15)

(16)

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 limiting the risk
of excessive accumulation of
is deemed
appropriate, without prejudice to the results of a further

imports,

it

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.

(a) The portion set aside for non-traditional importers shall
be apportioned using the method based on allocation
the volume
in proportion to quantities
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) No 2339/
2000 (3) shall be entitled to apply for import licences.

requested;

(b) Operators that are deemed to be related persons as
defined by Article 143 of Regulation (EEC) No 2454/93
may only submit single licence application for the
portion of
the quota set aside for non-traditional
importers regarding the goods described in the applica-
tion. In addition to the statement required by Article
the licence
3(2)(g) of Regulation (EC) No 738/94,
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.

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 68, 12.3.2002, p. 11.

(3) OJ L 269, 21.10.2000, p. 28.

L 96/10

EN

Official Journal of the European Communities

13.4.2002

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 13 May 2002.

Article 4

1.
For the purposes of allocating the portion of each quota
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
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 2002,
under Commission Regulation (EC) No 1995/2001 (1), for
products covered by the licence application may enclose a
copy of their previous licences with their licence applica-
tions.
indicate in their licence
In that case they shall
the
application the aggregate quantity of
product in question during the chosen reference period.

imports of

Article 5

Member States shall inform the Commission no later than 27
May 2002 at 10 a.m. Brussels time of the number and aggre-
gate quantity of import licence applications and, in the case of
applications from traditional
the volume of
previous imports carried out by traditional importers during
the chosen reference period referred to in Article 4(1) of this
Regulation.

importers, of

Article 6

No later than 20 days after having received all the information
required under Article 5,
the
quantitative criteria to be used by the competent national
authorities for the purpose of meeting importers' applications.

the Commission shall adopt

Article 7

Import licences shall be valid up to 31 December 2002. The
validity shall not be extendable.

Article 8

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, 12 April 2002.

For the Commission

Pascal LAMY

Member of the Commission

(1) OJ L 271, 12.10.2001, p. 18.

13.4.2002

EN

Official Journal of the European Communities

L 96/11

ANNEX I

Quantities to be redistributed

(Preliminary figures)

Product description

HS/CN code

Quantities redistributed

Footwear falling within HS/CN codes

ex 6402 99 (1)

4 377 847 pairs

6403 51
6403 59

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

1 276 668 pairs

1 320 489 pairs

ex 6404 11 (2)

2 110 289 pairs

6404 19 10

7 193 447 pairs

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

6911 10

5 029 tonnes

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

6912 00

6 086 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.

L 96/12

EN

Official Journal of the European Communities

13.4.2002

ANNEX II

Allocation of the quotas

(Preliminary figures)

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)

3 064 493 pairs

1 313 354 pairs

6403 51
6403 59

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

893 668 pairs

383 000 pairs

924 342 pairs

396 147 pairs

ex 6404 11 (2)

1 477 202 pairs

633 087 pairs

6404 19 10

5 035 413 pairs

2 158 034 pairs

6911 10

3 520 tonnes

1 509 tonnes

6912 00

4 260 tonnes

1 826 tonnes

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

Ceramic tableware, kitchenware, 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 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.

13.4.2002

EN

Official Journal of the European Communities

L 96/13

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)

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.

L 96/14

EN

Official Journal of the European Communities

13.4.2002

ANNEX IV

List of the competent national authorities

1. BELGIQUE/BELGIË

7. IRELAND

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
Télécopieur/Fax (32-2) 230 83 22/231 14 84

2. DANMARK

Erhvervs- og Boligstyrelsen
Vejlsøvej 29
DK-8600 Silkeborg
Tlf. (45) 35 46 60 30
Fax (45) 35 46 64 01

3. DEUTSCHLAND

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

4. ΕΛΛΑ∆Α

Υπουργείο Εθνικής Οικονοµίας
Γενική ∆ιεύθυνση ∆ιεθνών Οικονοµικών Σχέσεων
∆ιεύθυνση Θεµάτων Εξωτερικού Εµπορίου
Κορνάρου 1
GR-Athens 105-63
Τηλ.: (30-1) 328-60 31/328 60 32
Φαξ: (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
Télécopieur: (33-1) 55 07 48 32/34/35

Department of Enterprise, Trade and Employment
Licencing 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 — 06 59 93 24 19 — 06 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 23 86
Fax (43) 171 102

12. PORTUGAL

Ministério da Economia
Direcção-Geral das Relações Económicas Internacionais
Avenida da República, 79
P-1069-059 Lisboa
Tel.: (351-21) 791 18 00/19 43
Fax: (351-21) 793 22 10, 796 37 23
Telex: 13 418

13. SUOMI

Tullihallitus/Tullstyrelsen
Erottajankatu/Skillnadsgatan 2
FIN-00101 Helsinki/Helsingfors
P./Tel: (358-9) 6141
F: (358-9) 614 28 52

13.4.2002

EN

Official Journal of the European Communities

L 96/15

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