Commission Regulation (EC) No 1956/2003 of 6 November 2003 establishing the quantities to be allocated to importers from the first tranche of the 2004 Community quantitative quotas on certain products originating in the People's Republic of China
Date: 2003-11-06
Institutions: European Commission
Subjects: China, import, import licence, originating product, quantitative restriction

L 289/10

EN

Official Journal of the European Union

7.11.2003

COMMISSION REGULATION (EC) No 1956/2003

of 6 November 2003

establishing the quantities to be allocated to importers from the first tranche of the 2004 Com-
munity quantitative quotas on 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,

(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 806/2003 (2), and in particular Articles 9 and 13
thereof,

Having regard to Commission Regulation (EC) No 1351/2003
of 30 July 2003 establishing administration procedures for the
the 2004 quantitative quotas for certain
first
products originating in the People's Republic of China (3), and
in particular Article 6 thereof,

tranche of

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1351/2003 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 31 July
2003 and 3 p.m., Brussels time, on 19 September 2003,
in accordance with Article 3 of Regulation (EC) No
1351/2003.

The Commission has received from the Member States,
pursuant to Article 5 of Regulation (EC) No 1351/2003,
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 first tranche of the 2004 quantita-
tive quotas.

submitted by importers

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 the portion of the
quota set aside for them. The applications must therefore
be met by applying the uniform rate of reduction shown

volume of

in Annex I to the volume of each importer's imports,
expressed in quantity or value terms, 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 1351/
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
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
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 1351/2003, 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 122, 16.5.2003, p. 1.
(3) OJ L 192, 31.7.2003, p. 8.

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

7.11.2003

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Official Journal of the European Union

L 289/11

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

Done at Brussels, 6 November 2003.

For the Commission

Pascal LAMY

Member of the Commission

ANNEX I

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

(traditional importers)

Product description

HS/CN code

Rate of reduction

Footwear falling within HS/CN codes

Tableware or 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

– 63,77 %

– 43,90 %

– 66,42 %

– 63,09 %

– 35,39 %

– 58,07 %

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

6912 00

– 52,88 %

(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 289/12

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Official Journal of the European Union

7.11.2003

ANNEX II

Rate of reduction (–) applicable to the volume requested within the limits of the maximum amounts fixed by
Regulation (EC) No 1351/2003

(non-traditional importers)

Product description

HS/CN code

Rate of reduction

Footwear falling within HS/CN codes

Tableware or 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

– 82,04 %

– 97,09 %

– 94,40 %

– 91,15 %

– 83,49 %

– 71,85 %

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

6912 00

– 78,15 %

(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.