Commission Regulation (EC) No 1114/2003 of 26 June 2003 establishing the quantities to be allocated to importers from the Community quantitative quotas on certain products originating in the People's Republic of China redistributed by Regulation (EC) No 538/2003
Date: 2003-06-26
Institutions: European Commission
Subjects: China, import, import licence, originating product, quantitative restriction

L 158/26

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Official Journal of the European Union

27.6.2003

COMMISSION REGULATION (EC) No 1114/2003

of 26 June 2003

establishing the quantities to be allocated to importers from the Community quantitative quotas
on certain products originating in the People's Republic of China redistributed by Regulation (EC)
No 538/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 Commission Regula-
tion (EC) No 428/2003 (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 last amended by Regulation
(EC) No 138/96 (4), and in particular Articles 9 and 13 thereof,

Having regard to Commission Regulation (EC) No 538/2003 of
26 March 2003 redistributing the unused portions of the 2002
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 538/2003 established the portion of
each of the quotas concerned reserved for traditional
and non-traditional
importers and the conditions and
methods for participating in the allocation of the quanti-
ties available. Importers lodged applications for import
licences with the competent national authorities between
28 March 2003 and 3 p.m. Brussels time on 9 May
2003, in accordance with Article 3 of Regulation (EC)
No 538/2003.

The Commission has received from the Member States,
pursuant to Article 5 of Regulation (EC) No 538/2003,
the numbers and aggregate volume of
particulars of
licence applications submitted and the total
import
volume imported by traditional
importers in 1998 or
1999, the reference years.

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 538/2003.

submitted by importers

(1) OJ L 67, 10.3.1994, p. 89.
(2) OJ L 65, 8.3.2003, p. 12.
(3) OJ L 66, 10.3.1994, p. 1.
(4) OJ L 21, 27.1.1996, p. 6.
(5) OJ L 80, 27.3.2003, p. 13.

the

that

aggregate

volume of

Examination of the figures supplied by Member States
applications
shows
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 538/
2003.

(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
originating in the People's Republic of China listed in Annex I,
duly submitted by traditional importers, the competent national
authorities shall allocate each importer a quantity equal to his
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
originating in the People's Republic of China 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 Regula-
tion (EC) No 538/2003, adjusted by the rate of reduction speci-
fied in the said Annex for each quota.

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Official Journal of the European Union

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

Article 3

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

Done at Brussels, 26 June 2003.

For the Commission

Pascal LAMY

Member of the Commission

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Official Journal of the European Union

27.6.2003

ANNEX I

RATE OF REDUCTION APPLICABLE TO IMPORTS IN 1998 OR 1999

(traditional importers)

Product description

HS/CN

Rate of reduction
(%)

Footwear falling within HS/CN codes

ex 6402 99

(1)

6403 51
6403 59

ex 6403 91
ex 6403 99

ex 6404 11

(1)
(1)

(2)

6404 19 10

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

6911 10

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

6912 00

85,79

19,28

87,44

86,80

67,00

86,48

77,94

(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

L 158/29

RATE OF REDUCTION APPLICABLE TO THE VOLUME REQUESTED WITHIN THE LIMITS OF THE
MAXIMUM AMOUNTS FIXED BY REGULATION (EC) NO 538/2003

ANNEX II

(non-traditional importers)

Product description

HS/CN

Rate of reduction
(%)

Footwear falling within HS/CN codes

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

ex 6402 99 (1)

6403 51
6403 59

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

ex 6404 11 (2)

6404 19 10

6911 10

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

6912 00

57,68

29,21

88,23

78,01

17,71

40,89

29,29

(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.