Commission Regulation (EC) No 2077/2002 of 22 November 2002 establishing the quantities to be allocated to importers from the 2003 Community quantitative quotas on certain products originating in the People's Republic of China
Date: 2002-11-22
Institutions: European Commission
Subjects: China, footwear industry, household article, import policy, originating product, quantitative restriction, toiletries

L 319/12

EN

Official Journal of the European Communities

23.11.2002

COMMISSION REGULATION (EC) No 2077/2002

of 22 November 2002

establishing the quantities to be allocated to importers from the 2003 Community quantitative
quotas on certain products originating in the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

rate of reduction or increase shown in Annex I to the
volume of each importer's imports, expressed in quantity
or value terms, over the reference period.

Having regard to the Treaty establishing the European
Community,

(5)

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 Articles 9 and 13 thereof,

Having regard to Commission Regulation (EC) No 1498/2002
of 21 August 2002 establishing administration procedures for
the 2003 quantitative quotas for certain products originating in
the People's Republic of China (3), and in particular Article 6
thereof,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1498/2002 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 have lodged applications for import licences
with the competent national authorities between 23
August 2002 and 3 p.m., Brussels time, on 21 October
2002, in accordance with Article 3 of Regulation (EC)
No 1498/2002.

The Commission has received from the Member States,
pursuant to Article 5 of Regulation (EC) No 1498/2002,
the numbers and aggregate volume of
particulars of
licence applications submitted and the total
import
importers in 1998 or
volume imported by traditional
1999, the reference years.

The Commission is now able, on the basis of that infor-
to establish uniform quantitative criteria by
mation,
which the competent national authorities may satisfy
licence applications
in the
submitted by importers
Member States for the 2003 quantitative quotas.

the

that

aggregate

Examination of the figures supplied by Member States
shows
applications
submitted by traditional importers for the products listed
in Annex I to this Regulation exceeds or is lower than
the portion of the quota set aside for them. The applica-
tions must therefore be met by applying the uniform

volume of

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 1498/
2002.

(6)

Quantities not taken up by non-traditional
were transferred to traditional importers,

importers

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 or value equal to his imports for 1998 or 1999, as
indicated by the importer, adjusted by the rate of reduction/
increase 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 or
value allocated shall be limited to that specified in the applica-
tion.

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 or value equal to the amount requested within the
limits set by Regulation (EC) No 1498/2002, adjusted by the
rate of reduction specified in the said Annex for each quota.

Article 3

(1) OJ L 66, 10.3.1994, p. 1.
(2) OJ L 21, 27.1.1996, p. 6.
(3) OJ L 225, 22.8.2002, p. 15.

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

23.11.2002

EN

Official Journal of the European Communities

L 319/13

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

Done at Brussels, 22 November 2002.

For the Commission

Pascal LAMY

Member of the Commission

L 319/14

EN

Official Journal of the European Communities

23.11.2002

ANNEX I

Rate of reduction (–)/increase (+) applicable to imports in 1998 or 1999

(traditional importers)

Product description

HS/CN codes

Rate of reduction/increase

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 21,49 %

6403 51
6403 59

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

+ 18,46 %

– 27,85 %

ex 6404 11 (2)

– 19,60 %

6404 19 10

+ 39,53 %

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

6911 10

– 27,63 %

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

6912 00

– 19,13 %

(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.

23.11.2002

EN

Official Journal of the European Communities

L 319/15

ANNEX II

Rate of reduction (–) applicable to the volume requested within the limits of the maximum amounts fixed by
Regulation (EC) No 1498/2002

(non-traditional importers)

Product description

HS/CN codes

Rate of reduction

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 58,24 %

6403 51
6403 59

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

– 93,91 %

– 86,78 %

ex 6404 11 (2)

– 79,46 %

6404 19 10

– 59,17 %

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

6911 10

– 49,37 %

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

6912 00

– 60,58 %

(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.