Commission Regulation (EC) No 428/2003 of 12 February 2003 establishing the allocation method for the additional quantities resulting from the quota increase brought in by Council Regulation (EC) No 427/2003 to the 2002 and 2003 Community quantitative quotas on certain products originating in the People's Republic of China
Date: 2003-02-12
Institutions: European Commission
Subjects: China, footwear industry, household article, import licence, originating product, quantitative restriction

L 65/12

EN

Official Journal of the European Union

8.3.2003

COMMISSION REGULATION (EC) No 428/2003

of 12 February 2003

establishing the allocation method for the additional quantities resulting from the quota increase
brought in by Council Regulation (EC) No 427/2003 to the 2002 and 2003 Community quantitative
quotas on certain products originating in the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

The measures provided for in this Regulation are in
the Committee for
accordance with the opinion of
managing quotas set up by Article 22 of Regulation (EC)
No 520/94,

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 Articles 9 and 13 thereof,

Having regard to Commission Regulation (EC) No 1394/2001
of 9 July 2001 establishing administrative procedures for the
2002 quantitative quotas for certain products originating in the
People's Republic of China (3),

Having regard to 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 (4),

Whereas:

(1)

(2)

(3)

(4)

By Regulation (EC) No 1995/2001 (5) the Commission
laid down the quantities to be allocated to importers
from the 2002 quantitative quotas on certain products
originating in the People's Republic of China.

By Regulation (EC) No 2077/2002 (6) the Commission
laid down the quantities to be allocated to importers
from the 2003 quantitative quotas on certain products
originating in the People's Republic of China.

Article 21(1) of Council Regulation (EC) No 427/2003
of 3 March 2003 amending Council Regulation (EC) No
519/94 on common rules for imports from certain
countries (7) provides that the allocation method for the
additional quantities for
the years 2002 and 2003
resulting from the quota increases provided for in Annex
II of the same Regulation and an appropriate period of
time for their utilisation shall be established by the
Commission.

Accordingly, simple administrative procedures should be
established to enable Community importers to import
the additional quantities brought in by Regulation (EC)
No 427/2003.

(1) OJ L 66, 10.3.1994, p. 1.
(2) OJ L 21, 27.1.1996, p. 6.
(3) OJ L 187, 10.7.2001, p. 31.
(4) OJ L 225, 22.8.2002, p. 15.
(5) OJ L 271, 12.10.2001, p. 18.
(6) OJ L 319, 23.11.2002, p. 12.
(7) See page 1 of this Official Journal.

HAS ADOPTED THIS REGULATION:

Article 1

Any importer having held an import licence issued for 2002
pursuant to Regulation (EC) No 1995/2001 for products falling
within HS/CN codes ex 6402 99, ex 6403 91, ex 6403 99,
ex 6404 11 and 6404 19 10 is entitled to import an additional
quantity of 10,25 % to the quantity indicated in its import
licence. Any importer having held an import licence issued for
2002 pursuant to Regulation (EC) No 1995/2001 for products
falling within HS/CN codes 6403 51 and 6403 59 is entitled to
import an additional quantity of 15,5 % to the quantity indi-
cated in its import licence. Any importer having held an import
licence issued for 2002 pursuant to Regulation (EC) No 1995/
2001 for products falling within HS/CN codes 6911 10 and
6912 00 is entitled to import an additional quantity of 32,25 %
to the quantity indicated in its import licence.

Article 2

The competent authority shall issue an additional licence for
the additional quantities mentioned in Article 1.

The additional licence shall be valid until 31 December 2003
and issued free of charge and certified by the competent
authority.

Article 3

licence issued for 2003
Any importer holding an import
pursuant to Regulation (EC) No 2077/2002 for products falling
within HS/CN codes ex 6402 99, ex 6403 91, ex 6403 99,
ex 6404 11 and 6404 19 10 is entitled to import an additional
quantity of 21,28 % to the quantity indicated in its import
licence. Any importer holding an import licence issued for
2003 pursuant to Regulation (EC) No 2077/2002 for products

8.3.2003

EN

Official Journal of the European Union

L 65/13

falling within HS/CN codes 6403 51 and 6403 59 is entitled to
import an additional quantity of 32,83 % to the quantity indi-
cated in its import licence. Any importer holding an import
licence issued for 2003 pursuant to Regulation (EC) No 2077/
2002 for products falling within HS/CN codes 6911 10 and
6912 00 is entitled to import an additional quantity of 52,09 %
to the quantity indicated in its import licence.

For the purpose of Article 3:

Article 4

— any licence holder shall produce its import licence to the
competent authority that issued it. The competent authority
shall enter a reference on the licence indicating that the
additional quantity has been allocated to the holder of the
licence,

— alternatively, any licence holder shall produce its import
licence to the competent authority that issued it and the
competent authority shall cancel the licence and issue a

new licence. The quantities mentioned in that new licence
will in this case include the ones cancelled, increased by the
additional quantity foreseen in Article 3. The products that
have already been put into free circulation will be deducted,

— alternatively, the competent authority shall issue an addi-
licence for the additional quantities mentioned in

tional
Article 3.

The reference to the existing licence and the issuing of new
licences shall be effected free of charge and certified by the
competent authority.

Article 5

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

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

Done at Brussels, 12 February 2003.

For the Commission

Pascal LAMY

Member of the Commission