Commission Regulation (EC) No 1498/2002 of 21 August 2002 establishing administrative procedures for the 2003 quantitative quotas for certain products originating in the People's Republic of China
Date: 2002-08-21
Institutions: European Commission
Subjects: China, footwear industry, household article, import policy, quantitative restriction, toiletries

22.8.2002

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Official Journal of the European Communities

L 225/15

COMMISSION REGULATION (EC) No 1498/2002

of 21 August 2002

establishing administrative procedures for the 2003 quantitative quotas for certain products
originating in the People’s Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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) and 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 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 quan-
titative quotas for certain products originating in the
People’s Republic of China listed in Annex I to that
Regulation.

The Commission has adopted a proposal for a Council
Regulation on a transitional product-specific safeguard
mechanism for
imports originating in the People’s
Republic of China and amending Council Regulation
(EC) No 519/94 on common rules for imports from
certain third countries (com (2002) 342 final). This
proposal
inter alia,
for a Council Regulation, which,
provides for an increase in the quotas for 2002 and
2003 reflecting the phasing out table provided for in
China’s Protocol of Accession to the WTO, has not yet
been adopted by the Council. Therefore, the quota allo-
cation in this Commission Regulation has still been
based on Annex II
to Regulation (EC) No 519/94.
Following the adoption of the abovementioned Council
Regulation the Commission envisages to increase the
quota share accordingly.

The provisions of Regulation (EC) No 520/94 are applic-
able 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 implemen-
tation of Regulation (EC) No 520/94. These provisions
apply to the administration of the above quotas subject
to the provisions of this Regulation.

(1) OJ L 66, 10.3.1994, p. 1.
(2) OJ L 21, 27.1.1996, p. 1.
(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.

(6)

(7)

(8)

(9)

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 administra-
tive 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 adminis-
tering the 2003 quotas should accordingly be adopted
before the start of the quota year.

the different

examination of

After
administrative
methods provided for by Regulation (EC) No 520/94, the
trade flows should be
method based on traditional
adopted. Under this method the quotas 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 conti-
importers
nuity of business
concerned and avoiding any disturbance of trade flows.

the Community

for

The reference period used for allocating the portion of
importers in the
the quota set aside for traditional
previous Regulation on the administration of
these
quotas cannot be updated. The years 2000 and 2001
were 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 impor-
ters in all Member States. The years 1998 or 1999 are
the most recent years representative of the normal trend
of trade flows in the products in question. Traditional
importers must, therefore, prove that they have imported
products originating in China and covered by the quotas
in question in the years 1998 or 1999.

the quota reserved for non-traditional

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
importers.
Consequently, in accordance with Article 2(4) of Regula-
tion (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.

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(10) As explained in recital 8 in Commission Regulation (EC)
No 1394/2001 (1), the Commission considers it neces-
sary that operators applying as non-traditional importers
and falling under the definition of related persons within
the meaning of Article 143 of Commission Regulation
(EEC) No 2454/93 (2) may only submit a single licence
application for each line of the quota set aside for non-
In order to exclude speculative
traditional
applications,
any non-traditional
importer may request should be restricted to a set
volume.

importers.
the

amount

that

(11)

(12)

(13)

(14)

(15)

(16)

In order to take account of the fact that the number of
traditional importers has increased in relation to non-
it is appropriate to increase the
traditional
quota share reserved to traditional importers from 70 %
to 75 % and to decrease the share of non-traditional
importers from 30 % to 25 %.

importers,

It also appears appropriate to transfer quantities not
taken up by non-traditional
importers to traditional
importers, in order to ensure that these quantities can
still be allocated in the year in which they were attrib-
uted.

For the purposes of quota allocation, a time limit must
be set for the submission of licence applications by tradi-
tional 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.

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 2003.

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

Article 2

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.

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

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
I.

(b) Operators that are deemed to be related persons as
defined by Article 143 of Regulation (EEC) No 2454/93
laying down provisions
the implementation of
for
Council Regulation (EEC) No 2913/92 establishing the
Customs Code may only submit single license applica-
tion for the portion of the quota set aside for non-tradi-
importers regarding the goods described in the
tional
application.
In addition to the statement required by
Article 3(2)(g) of Commission Regulation (EC) No 738/
94, as amended by Article 1 of Commission Regulation
(EC) No 983/96, the license application for the non-
traditional quota shall state that the applicant is not
related to any other operator applying for the non-tradi-
tional quota line in question.

(c) Those proportions of the quantities reserved for non-
traditional importers and not allocated will be added to
the quantities reserved for traditional importers.

Article 3

Applications for import
licences shall be lodged with the
competent authorities listed in Annex III to this Regulation
from the day following the day of publication of this Regulation
in the Official Journal of the European Communities until 15.00,
Brussels time, on 21 October 2002.

Article 4

This Regulation lays down for 2003 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.

(1) OJ L 187, 10.7.2001, p. 31.
(2) OJ L 253, 11.10.1993, p. 1.

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

The supporting documents referred to in Article 7 of
2.
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.

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Instead of the documents referred to in the first indent of
3.
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 avail-
able 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.

Article 5

Member States shall inform the Commission no later than at 4
November 2002 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.

Article 6

The Commission shall adopt the quantitative criteria to be used
by the competent national authorities for the purpose of
meeting importers’ applications no later than 25 November
2002.

Article 7

Import licences shall be valid for one year, starting on 1 January
2003.

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, 21 August 2002.

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

Portion reserved for other
importers

Footwear falling within HS/CN codes

ex 6402 99 (1)

29 363 611 pairs
(75 %)

9 787 870 pairs
(25 %)

6403 51
6403 59

2 096 250 pairs
(75 %)

698 750 pairs
(25 %)

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

9 090 000 pairs
(75 %)

3 030 000 pairs
(25 %)

ex 6404 11 (2)

13 671 585 pairs
(75 %)

4 557 195 pairs
(25 %)

6404 19 10

23 923 287 pairs
(75 %)

7 974 429 pairs
(25 %)

6911 10

6912 00

36 068 tonnes
(75 %)

27 287 tonnes
(75 %)

12 022 tonnes
(25 %)

9 096 tonnes
(25 %)

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 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, bars 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 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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Maximum quantity which may be requested by each importer other than traditional

ANNEX II

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)

b)

footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, sprigs, stops, clips, bars 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 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/BELGÏE

8. ITALIA

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 Bruxelles/Brussel
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 64 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. GREECE

Ministry of National Economy
General Secretariat of International Economic Relations
Directorate for Foreign Trade Issues
1, Kornarou Street
GR-Athens 105-63
Tel.: (30-10) 328-60 31/328 60 32
Fax: (30-10) 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 46 59

7. IRELAND

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

Ministero del Commercio con l’estero
Direzione generale per la politica commerciale e la gestione del regime
degli scambi — Divisione VII
Viale America, 341
I-00144 Roma
Tel. (39 06) 59931 — 59932419 — 59932400
Fax (39 06) 5925556

9. LUXEMBOURG

Ministère des affaires étrangères
Office des licences
Boîte postale 113
L-2011 Luxembourg
Tel. (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 00 83 45
Fax (43) 171 10 00 83 86

12. PORTUGAL

Ministério das Finanças
Direcção Geral das Alfândegas e dos Impostos Especiais sobre o
Consumo
Rua Terreiro do Trigo, Edifício da Alfândega de Lisboa
P-1140-060 Lisboa
Fax (351) 218 814 261

13. SUOMI

Tullihallitus
Erottajankatu 2
FIN-00101 Helsinki
P. (358-9) 6141
F. (358-20) 492 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