Commission Regulation (EC) No 538/2003 of 26 March 2003 redistributing unused portions of the 2002 quantitative quotas for certain products originating in the People's Republic of China
Date: 2003-03-26
Institutions: European Commission
Subjects: China, footwear industry, household article, import (EU), import licence, originating product, quantitative restriction

27.3.2003

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Official Journal of the European Union

L 80/13

COMMISSION REGULATION (EC) No 538/2003

of 26 March 2003

redistributing unused portions of the 2002 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 last amended by Regulation
(EC) No 138/96 (2), and in particular Articles 2(5) and Articles
14 and 24 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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 427/2003 (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 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.

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 2002 and not used.

The unused quantities could not be redistributed in time
to be used before the end of the 2002 quota year.

the data received for each of

Examination of
the
products in question indicates that the quantities not
used in the 2002 quota year should be redistributed in
2003, up to a limit of the amounts set out in Annex I to
this Regulation.

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
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.

(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 65, 8.3.2003, p. 1.
(5) OJ L 87, 31.3.1994, p. 47.
(6) OJ L 131, 1.6.1996, p. 47.

(7)

(8)

(9)

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 2002 quotas except as regards the overall proportion
reserved for traditional importers (75 %).

It is necessary to simplify the formalities to be fulfilled
by traditional
importers who already hold import
licences issued when the 2003 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

(10) 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 2002 quota year. The amount that any non-tradi-
tional importer may request should also be restricted to
a set volume or value.

import

(11)

For the purposes of quota allocation, a time limit must
be set
licence applications by
importers.

for the submission of

(12) 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.

(13)

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.

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(14)

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 imports, it is deemed appro-
priate, without prejudice to the results of a further
analysis which may appear to be warranted in this
respect in the future, to set the expiry date of the redis-
tribution import licences on 31 December 2003.

(15)

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,

addition to the statement required by Article 3(2)(g) of
Regulation (EC) No 738/94, the licence 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.

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 Union until 15.00,
Brussels time, on 9 May 2003.

HAS ADOPTED THIS REGULATION:

Article 4

Article 1

This Regulation lays down specific provisions for the redistribu-
tion in 2003 of portions of the quantitative quotas referred to
in Annex II to Council Regulation (EC) No 519/94 which were
not used in the 2002 quota year.

The quantities not used in the 2002 quota year shall be redis-
tributed up to the limit of the volumes or values set out in
Annex I to this Regulation.

For the purposes of allocating the portion of each quota
1.
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.

Regulation (EC) No 738/94 shall apply subject to the specific
provisions of this Regulation.

Instead of the evidence referred to in the first indent of

3.
Article 7 of Regulation (EC) No 520/94:

Article 2

The quantitative quotas referred to in Article 1 shall be
1.
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 non-traditional 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 in
proportion to quantities requested; the volume 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) 1995/2001 (1) shall be
entitled to apply for import licences.

(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 impor-
ters regarding the goods described in the application. In

— 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 2003
under Commission Regulation (EC) No 2077/2002 (2), for
products covered by the licence application may enclose a
copy of their previous licences with their licence applica-
tions. In that case they shall indicate in their licence appli-
cation the aggregate quantity of imports of the product in
question during the chosen reference period.

Article 5

Member States shall inform the Commission no later than 30
May 2003 at 10.00, Brussels time, of the number and aggregate
in the case of
quantity of import licence applications and,
the volume of
importers, of
applications from traditional
previous imports carried out by traditional
importers during
the chosen reference period referred to in Article 4(1) of this
Regulation.

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

(2) OJ L 319, 23.11.2002, p. 12.

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Article 6

Article 7

Import licences shall be valid up to 31 December 2003. The
validity shall not be extendable.

No later than 30 days after having received all the information
required under Article 5, the Commission shall adopt the quan-
titative criteria to be used by the competent national authorities
for the purpose of meeting importers' applications.

Article 8

This Regulation shall enter into force on the day of its publica-
tion 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, 26 March 2003.

For the Commission

Pascal LAMY

Member of the Commission

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Official Journal of the European Union

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ANNEX I

QUANTITIES TO BE REDISTRIBUTED

Product description

HS/CN code

Quantities redistributed

Footwear falling within HS/CN codes

ex 6402 99 (1)

6 725 081 pairs

6403 51
6403 59

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

1 373 390 pairs

2 047 481 pairs

ex 6404 11 (2)

2 942 477 pairs

6404 19 10

7 066 315 pairs

6911 10

8 166 tonnes

6912 00

9 277 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, bars

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.

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ANNEX II

ALLOCATION OF THE QUOTAS

Product description

HS/CN code

Portion reserved for
traditional importers
75 %

Portion reserved for
non-traditional
importers 25 %

Footwear falling within HS/CN codes

ex 6402 99 (1)

5 043 811 pairs

1 681 270 pairs

6403 51
6403 59

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

1 030 043 pairs

343 347 pairs

1 535 611 pairs

511 870 pairs

ex 6404 11 (2)

2 206 858 pairs

735 619 pairs

6404 19 10

5 299 736 pairs

1 766 579 pairs

6911 10

6 125 tonnes

2 041 tonnes

6912 00

6 958 tonnes

2 319 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, bars

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.

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Official Journal of the European Union

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ANNEX III

MAXIMUM QUANTITY WHICH MAY BE REQUESTED BY EACH NON-TRADITIONAL IMPORTER

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

6911 10

5 tonnes

6912 00

5 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, bars

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.

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ANNEX IV

LIST OF THE COMPETENT NATIONAL AUTHORITIES

1. BELGIQUE/BELGIË

7. IRELAND

Service public fédéral économie, PME, Classes
moyennes & énergie
Administration du potentiel économique
Politiques d'accès aux marchés, Service licences

Federale Overheidsdienst Economie, KMO,
Middenstand & Energie
Bestuur Economisch Potentieel
Markttoegangsbeleid, 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 Οικονοµίας και Οικονοµικών
Γενική ∆ιεύθυνση Σχεδιασµού Πολιτικής και
Εφαρµογής
∆ιεύθυνση ∆ιεθνών Οικονοµικών Θεµάτων
Κορνάρου 1
GR-Αthens 105 63
Τηλ.: (30-210) 328 60 31/328 60 32
Φαξ: (30-210) 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
Téléphone (33-1) 55 07 46 69/95
Télécopieur (33-1) 55 07 48 32/34/35

Department of Enterprise, Trade and Employ-
ment
Licensing 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
Téléphone (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) 523 22 10

11. ÖSTERREICH

Bundesministerium für Wirtschaft und Arbeit
Landstrasser Hauptstraße 55/57
A-1031 Wien
Tel. (43) 1 711 00 83 45
Fax (43) 1 711 00 83 86

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

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13. SUOMI

15. UNITED KINGDOM

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

14. SVERIGE

Kommerskollegium
Box 6803
S-113 86 Stockholm
Tfn (46-8) 690 48 00
Fax (46-8) 30 67 59

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