Commission Regulation (EC) No 1242/2002 of 10 July 2002 establishing the quantities to be allocated to importers from the Community quantitative quotas redistributed by Regulation (EC) No 637/2002
Date: 2002-07-10
Institutions: European Commission
Subjects: China, footwear industry, household article, import licence, originating product, quantitative restriction

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1242/2002

of 10 July 2002

establishing the quantities to be allocated to importers from the Community quantitative quotas
redistributed by Regulation (EC) No 637/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 519/94 of 7
March 1994 on common rules for imports from certain third
countries and repealing Regulations (EEC) Nos 1765/82, 1766/
82 and 3420/83 (1), as last amended by Regulation (EC) No
1138/98 (2),

(5)

Having regard to Council Regulation (EC) No 520/94 of 7
March 1994 establishing a Community procedure for adminis-
tering quantitative quotas (3), as amended by Regulation (EC)
No 138/96 (4), and in particular Article 9 and 13 thereof,

Having regard to Commission Regulation (EC) No 637/2002 of
12 April 2002 redistributing the unused portions of the 2001
quantitative quotas for certain products originating in the
People’s Republic of China (5), and in particular Article 6
thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 637/2002 established the portion of
each of the quotas concerned reserved for traditional and
other importers and the conditions and methods for
participating in the allocation of the quantities available.
Importers lodged applications for import licences with
the competent national authorities between 14 April and
15.00, Brussels time, on 13 May 2002, in accordance
with Article 3 of Regulation (EC) No 637/2002.

The Commission has received from the Member States
under Article 5 of Regulation (EC) No 637/2002 particu-
lars of the numbers and aggregate volume of import
licence applications submitted and the total volume
imported by traditional importers in 1998 or 1999, the
reference year.

The Commission is now able, on the basis of that infor-
mation,
to establish uniform quantitative criteria by
which the competent national authorities may satisfy
licence applications
in the
Member States for the quantitative quotas redistributed
by Regulation (EC) No 637/2002.

submitted by importers

(4)

Examination of the figures supplied by Member States
shows that the aggregate volume of the applications

submitted by traditional importers for the products listed
in Annex I to this Regulation exceeds the portion of the
quota set aside for them. The applications must therefore
be met by applying the uniform rate of reduction shown
in Annex I to the imports, expressed in volume terms, of
each importer over the reference period.

the

that

aggregate

volume of

Examination of the figures supplied by Member States
shows
applications
submitted by non-traditional importers for the products
listed in Annex II to this Regulation exceeds the portion
of the quota set aside for them. The applications must
therefore be met by applying the uniform rate of reduc-
tion shown in Annex II to the amounts requested by
each importer, as limited by Regulation (EC) No 637/
2002,

HAS ADOPTED THIS REGULATION:

Article 1

In response to licence applications in respect of the products
listed in Annex I duly submitted by traditional importers, the
competent national authorities shall allocate each importer a
quantity equal to its imports for 1998 or 1999, adjusted by the
rate of reduction specified in the said Annex for each quota.

Where the use of this quantitative criterion would entail allo-
cating an amount greater than that applied for, the quantity
allocated shall be limited to that specified in the application.

Article 2

In response to licence applications in respect of the products
listed in Annex II duly submitted by non-traditional importers,
the competent national authorities shall allocate each importer
a quantity equal to the amount requested within the limits set
by Regulation (EC) No 637/2002 adjusted by the rate of reduc-
tion specified in the said Annex for each quota.

(1) OJ L 67, 10.3.1994, p. 89.
(2) OJ L 159, 3.6.1998, p. 1.
(3) OJ L 66, 10.3.1994, p. 1.
(4) OJ L 21, 27.1.1996, p. 6.
(5) OJ L 96, 13.4.2002, p. 8.

Article 3

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

Done at Brussels, 10 July 2002.

For the Commission

Pascal LAMY

Member of the Commission

ANNEX I

Rate of reduction (–) applicable to the imports of 1998 or 1999 (traditional importers)

Product description

HS/CN code

Rate of reduction

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 91,81 %

6403 51
6403 59

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

– 35,95 %

– 92,37 %

ex 6404 11 (2)

– 91,35 %

6404 19 10

– 73,40 %

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

6911 10

– 92,78 %

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

6912 00

– 87,04 %

(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 multilayer 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)

b)

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;

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 multilayer 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

Rate of reduction (-) applicable to the volume requested within the limits of the maximum amounts fixed by
Regulation (EC) No 637/2002 (non-traditional importers)

Product description

HS/CN code

Rate of reduction

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 30,89 %

6403 51
6403 59

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

0 %

– 78,10 %

ex 6404 11 (2)

– 52,30 %

6404 19 10

0 %

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

6911 10

– 23,21 %

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

6912 00

0 %

(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 multilayer 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)

b)

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;

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 multilayer 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.