Commission Regulation (EC) No 1351/2003 of 30 July 2003 establishing administrative procedures for the first tranche of the 2004 quantitative quotas for certain products originating in the People's Republic of China
Date: 2003-07-30
Institutions: European Commission
Subjects: China, ceramics, footwear industry, import licence, originating product, quantitative restriction

L 192/8

EN

Official Journal of the European Union

31.7.2003

COMMISSION REGULATION (EC) No 1351/2003

of 30 July 2003

establishing administrative procedures for the first tranche of the 2004 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 806/2003 (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 427/2003 (4),
introduced annual
quantitative quotas for certain products originating in
the People's Republic of China listed in Annex I 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.

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 first
the 2004 quotas should
accordingly be adopted before the start of the quota
year.

tranche of

the different

examination of

After
administrative
methods provided for by Regulation (EC) No 520/94,
the method based on traditional trade flows should be
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.

(1) OJ L 66, 10.3.1994, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(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.

(5)

(6)

(7)

(8)

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.

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. In 2002, there was a signifi-
cant increase in applications by non-traditional impor-
ters from United Kingdom companies to other Member
States suggesting an effort to circumvent
the related
persons test. Also,
investigations are ongoing into a
number of 2002 and 2003 licence holders that may
have breached the related persons test. The years 1998
or 1999 are therefore the most recent years representa-
tive 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.

It has been found in the past that the method provided
for in Article 12 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 the quota reserved for non-traditional impor-
ters. Consequently, in accordance with Article 2(2)(c) of
Regulation (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.

The Commission considers it necessary 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 of 2 July 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) 2913/92 estab-
lishing the Community Customs Code (7),
last
amended by Regulation (EC) No 881/2003 (8), may only
submit a single licence application for each line of the
quota set aside for non-traditional importers. In order to
exclude speculative applications, the amount that any
non-traditional
be
restricted to a set volume.

importer may

request

should

as

(7) OJ L 253, 11.10.1993, p. 1.
(8) OJ L 134, 29.5.2003, p. 1.

31.7.2003

EN

Official Journal of the European Union

L 192/9

It is appropriate to set the quota share reserved to tradi-
tional importers at 75 % and the share of non-traditional
importers at 25 %.

3.

(9)

(10)

(11)

(12)

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 non-traditional 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.

(13) Given that on 1 May 2004 the European Union will be
enlarged, it is appropriate to allocate the 2004 quota in
two tranches, the first one from January to April 2004
to importers in the current Member States and the
second one from May to December 2004 to importers
in all countries that will be Member States from May
2004 onwards.

(14)

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

This Regulation lays down for 2004 specific provisions for the
administration of the quantitative quotas referred to in Annex I
to Regulation (EC) No 427/2003 amending Regulation (EC) No
519/94.

(a) The portion set aside for non-traditional importers shall
be apportioned using the method based on allocation in
proportion
volume
requested by each applicant may not exceed that shown
in Annex II.

requested. The

quantities

to

(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
addition to the statement required by Article 3(2)(g) of
Regulation (EC) No 738/94, as amended by Article 1 of
Regulation (EC) No 983/96, 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.

(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 Regula-
tion in the Official Journal of the European Union until 15.00,
Brussels time, 19 September 2003.

Article 4

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

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

Given the enlargement of the European Union in May 2004,
the 2004 quotas shall be allocated in two separate tranches.
This Regulation shall allocate the quotas for January to April
2004.

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.

3.
Instead of the documents referred to in the first indent of
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 2

Article 5

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 non-traditional importers are set out in
Annex I to this Regulation.

Member States shall inform the Commission no later than 15
October 2003, 10.00, Brussels time, of the number and aggre-
gate quantity of import licence applications and, in the case of
the volume of
applications from traditional
importers, of
previous imports carried out by traditional
importers during
the reference period referred to in Article 4(1) of this Regula-
tion.

L 192/10

EN

Official Journal of the European Union

31.7.2003

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 15 November 2003.

Article 6

Import licences shall be valid for one year, starting on 1 January 2004.

Article 7

Article 8

This Regulation shall enter into force on the day 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, 30 July 2003.

For the Commission

Pascal LAMY

Member of the Commission

31.7.2003

EN

Official Journal of the European Union

L 192/11

ANNEX I

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)

13 650 776 pairs

4 550 259 pairs

6403 51
6403 59

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

1 067 332 pairs

355 777 pairs

4 225 827 pairs

1 408 609 pairs

ex 6404 11 (2)

6 355 749 pairs

2 118 583 pairs

6404 19 10

11 121 637 pairs

3 707 212 pairs

6911 10

21 027 tonnes

7 009 tonnes

6912 00

15 909 tonnes

5 303 tonnes

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

tableware,

kitchenware,

Ceramic
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.

L 192/12

EN

Official Journal of the European Union

31.7.2003

ANNEX II

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)

6403 51
6403 59

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

ex 6404 11 (2)

6404 19 10

6911 10

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

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

6912 00

5 000 pairs

5 000 pairs

5 000 pairs

5 000 pairs

5 000 pairs

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) 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.

31.7.2003

EN

Official Journal of the European Union

L 192/13

ANNEX III

List of the competent national authorities

1. BELGIQUE/BELGIË

7. IRELAND

‘Économie, PME, classes

Service public fédéral
moyennes et Énergie’
Administration du potentiel économique
Politiques d'accès aux marchés, Service ‘Licences’
Federale Overheidsdienst
Middenstand & Energie
Bestuur Economisch Potentieel
Markttoegangsbeleid, Dienst Vergunningen
Rue Général-Leman 60, Generaal Lemanstraat 60
B-1040 Bruxelles/Brussel
Tel. (32-2) 206 58 16
Fax (32-2) 230 83 22/231 14 84

Economie,

K.M.O.,

2. DANMARK

Erhvervs- og Boligstyrelsen
Vejlsøvej 29
DK-8600 Silkeborg
Tel. (45) 35 46 60 30
Fax (45) 35 46 64 01

Department of Enterprise, Trade and Employment
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
Direzione Generale per la Politica commerciale e la
gestione del regime degli scambi — Disivione 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

3. DEUTSCHLAND

für Wirtschaft und Ausfuhrkontrolle

Bundesamt
(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 Economy & Finance
General Directorate of Policy Planning & Imple-
mentation
Directorate of International Economic Issues
1, Kornarou Street
GR-Athens 105-63
Tel. (30-210) 328-60 31/328 60 32
Fax (30-210) 328 60 94/328 60 59

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) 523 22 10

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
Tel. (33-1) 55 07 46 69/95
Fax (33-1) 55 07 48 32/34/35

11. ÖSTERREICH

Bundesministerium für Wirtschaft und Arbeit
Außenwirtschaftsadministration
Abteilung C2/2
Stubenring 1
A-1011 Wien
Tel. (43) 1 711 00 0
Fax (43) 1 711 00 83 86

12. PORTUGAL

Ministério das Finanças
Direcção-Geral das Alfândegas e dos Impostos Especiais
sobre o Consumo, Edifício da Alfândega de Lisboa
Largo do Terreiro do Trigo
P-1100 Lisboa
Tel. (351-21) 881 42 63
Fax (351-21) 881 42 61

L 192/14

EN

Official Journal of the European Union

31.7.2003

13. SUOMI/FINLAND

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

14. SVERIGE

Kommerskollegium
Box 6803
S-113 86 Stockholm
Tel. (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