Commission Regulation (EC) No 2044/2003 of 20 November 2003 establishing administrative procedures for the second tranche of the 2004 quantitative quotas for certain products originating in the People's Republic of China
Date: 2003-11-20
Institutions: European Commission
Subjects: China, ceramics, footwear industry, originating product, quantitative restriction, toiletries

21.11.2003

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 2044/2003

of 20 November 2003

establishing administrative procedures for the second tranche of the 2004 quantitative quotas for
certain products originating in the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

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,

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
period. It is therefore important to ensure that adminis-
trative 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 second tranche of the 2004 quotas should
accordingly be adopted before May 2004.

Whereas:

(8)

Council Regulation (EC) No 427/2003 (3),
last
amended by Regulation (EC) No 1985/2003 (4), sets
forth 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.

as

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.

In view of the enlargement of the European Community
on 1 May 2004, the quotas set forth in Annex I to
Council Regulation (EC) No 427/2003 have been
increased by Council Regulation (EC) No 1985/2003.

(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.

Given that on 1 May 2004 the European Community
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.

(10)

Commission Regulation (EC) No 1351/2003 (5) estab-
lished administrative procedures for the first tranche of
the 2004 quantitative quotas for certain products origi-
nating in the People's Republic of China.

This Regulation shall allocate the quotas relating to
quantities for May to December 2004.

The Commission accordingly adopted Regulation (EC)
No 738/94 (6), as last amended by Regulation (EC) No
983/96 (7), 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.

(1) OJ L 66, 10.3.1994, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 65, 8.3.2003, p. 1.
(4) OJ L 295, 13.11.2003, p. 43.
(5) OJ L 192, 31.7.2003, p. 8.
(6) OJ L 87, 31.3.1994, p. 47.
(7) OJ L 131, 1.6.1996, p. 47.

the related-persons test. Also,

The reference period used for allocating the portion of
the quota set aside for the traditional importers in the
Community in the previous Regulation on the adminis-
tration of these quotas cannot be updated. The years
2000 and 2001 were characterised by certain distor-
tions,
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 importers in all Member States. In 2002,
there was a significant increase in applications by non-
traditional importers from United Kingdom companies
to other Member States suggesting an effort to circum-
vent
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 representative of the normal trend of trade flows
in the products in question imported by the importers in
the Community. Traditional importers in the Commu-
they have imported
nity must,
products originating in the People's Republic of China
and covered by the quotas in question in the years 1998
or 1999. The years 2001 and 2002 are the most recent
years representative of the normal trend of trade flows
in the products in question imported by importers in the
acceding States. Given that the large majority of impor-
ters in the acceding States were not subject to import
restrictions and therefore were under no legal require-
ment to keep import documents for both 1998 and
1999, the provision of evidence concerning 1998 and

therefore, prove that

(1)

(2)

(3)

(4)

(5)

(6)

(11)

(12)

(13)

(14)

(15)

(16)

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1999 would impose disproportionate burdens on them.
Traditional importers in the acceding States must there-
fore prove that they have imported in 2001 or 2002
products originating in the People's Republic of China
and covered by the quotas in question.

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 (1)
establishing the Community Customs Code, as
last
amended by Regulation (EC) No 881/2003 (2), 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

to ensure competitiveness with importers in acceding
States who are not subject to licence requirements before
1 May 2004, licences issued by the competent national
authorities in the Member States shall be issued as soon
as possible after the adoption of the quantitative criteria
by the Commission. They shall be valid from the date of
issuance until 31 December 2004.

(18)

These measures are in accordance with the opinion of
the Committee for the administration of quotas set up in
accordance with Article 22 of Regulation (EC) No 520/
94,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down specific provisions for the adminis-
tration of the quantitative quotas referred to in Annex I to
Regulation (EC) No 1985/2003, amending Regulation (EC) No
427/2003 for the quotas relating to quantities for May to
December 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.

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

Article 2

It also appears appropriate to transfer quantities not
importers to traditional
taken up by non-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 and acceding States shall 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
be
imports must
expressed in the same units as the quota in question.

importers'

previous

(17)

To enable traditional Community importers to continue
their business practices of importing the entire amount
of their guaranteed quantities early in the quota year and

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

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 for the second
tranche of the 2004 quotas are set out in Annex I to this Regu-
lation.

3.

(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 a 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.

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(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 that of its publication in the Official
Journal of the European Union, until 15.00 (Brussels time) on 31
December 2003.

Article 4

For the purposes of allocating the portion of each quota
importers
importers,

‘traditional’

1.
set aside for the traditional
shall mean:

— operators established in the Community before 1 May
2004, who can show that they have imported goods in the
calendar year 1998 or 1999 into the Community,

— operators established in one of the acceding States before 1
May 2004 who can show that they have imported goods in
the calendar year 2001 or 2002 into the acceding States.

The supporting documents referred to in Article 7 of
2.
Regulation (EC) No 520/94 shall relate to the release for free
circulation during either calendar year 1998 or 1999 for tradi-
importers established in the Community and either
tional
importers estab-
calendar year 2001 or 2002 for traditional
lished in the acceding States, 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.

Instead of the documents referred to in the first indent of
3.
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 either the calendar year 1998 or
1999 (Community Member States) or the calendar year 2001
or 2002 (acceding States) carried out by themselves or, where
applicable, by the operator whose activities they have taken
over.

Article 5

Member States and acceding States shall inform the Commis-
sion no later than 10.00 (Brussels time) on 23 January 2004 of
the number and aggregate quantity of import licence applica-
tions and, in the case of applications from traditional impor-
ters, of the volume of previous imports carried out by tradi-
importers during the reference period referred to in
tional
Article 4(1) of this Regulation.

Article 6

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 10 February
2004.

Article 7

Import licences issued by the competent national authorities in
acceding States shall be valid from 1 May 2004 to 31
December 2004.
licences issued by the competent
national authorities in the Member States shall be issued as
soon as possible after the adoption of the quantitative criteria
by the Commission. They shall be valid from the date of issu-
ance until 31 December 2004.

Import

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, 20 November 2003.

For the Commission

Pascal LAMY

Member of the Commission

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ANNEX I

Allocation of the 2004 quotas — second tranche

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)

43 904 228 pairs

14 634 742 pairs

6403 51
6403 59

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

2 387 593 pairs

795 864 pairs

10 494 678 pairs

3 498 226 pairs

ex 6404 11 (2)

14 176 498 pairs

4 725 500 pairs

6404 19 10

25 126 810 pairs

8 375 603 pairs

6911 10

50 929 tonnes

16 976 tonnes

6912 00

43 593 tonnes

14 531 tonnes

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

Ceramic tableware, kitchenware, other house-
hold 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

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

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

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

5 000 pairs

5 000 pairs

5 000 pairs

5 000 pairs

5 000 pairs

5 tonnes

6912 00

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.

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ANNEX III

List of the competent national authorities in the Member States

1. BELGIQUE/BELGIË

7.

IRELAND

Service Public Fédéral Economie, P.M.E., Classes Moyennes &
Energie
Administration du Potentiel économique
Politiques d'accès aux marchés, Service Licences
Federale Overheidsdienst Economie, K.M.O., Middenstand &
Energie
Bestuur Economisch Potentieel
Markttoegangsbeleid, Dienst Vergunningen
Generaal Lemanstraat 60, Rue Général-Leman 60
B-1040 Brussel/Bruxelles
Tel. (32-2) 206 58 16
Fax (32-2) 230 83 22/231 14 84

2. DANMARK

Erhvervs -og Boligstyrelsen
Vejlsøvej 29
DK-8600 Silkeborg
Tel. (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

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

Department of Enterprise, Trade and Employment
Licencing 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 Attività Produttive
Direzione Generale Politica Commerciale
Div. VII
Viale Boston 25
I-00144 Roma
Tel. 39 06 599 32 489
Fax 39 06 592 55 56

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
NL 9700 R Groningen,
Tel. (31-50) 523 91 11
Fax (31-50) 523 22 10

11. ÖSTERREICH

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

Bundesministerium für Wirtschaftliche 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, Edificio da Alfândega de Lisboa
Largo do Terreiro do Trigo
P-1100 Lisboa
Tel. (351-21) 881 4263
Fax (351-21) 881 4261

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13. SUOMI/FINLAND

15. UNITED KINGDOM

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

Department of Trade and Industry
Import Licensing Branch
Queensway House
West Precinct
BillinghamTS23 2NF
United Kingdom
Tel. (44-1642) 36 43 33/36 43 34
Fax (44-1642) 53 35 57

List of the competent national authorities in the acceding countries

1. CYPRUS

6.

LITHUANIA

Ministry of Commerce, Industry and Tourism
Trade Department
6 Andrea Araouzou Str.
1421 Nicosia
Tel. ++357 2 867100
Fax ++357 2 375120

2. CZECH REPUBLIC

Ministerstvo prumyslu a obchodu
Licencní správa
Na Frantisku 32
110 15 Praha 1
Tel. (420) 22406 2206
Fax (420) 22421 2133

Lietuvos Respublikos ûkio Ministerija
Gedimino Ave 38/2
LT-2600 Vilnius
Tel. 00 370 5 262 50 30/00 370 5 262 87 50
Fax 00 370 5 262 39 74

7. MALTA

Ministry for Economic Services
Commerce Division
Lascaris
Valletta CMR02
Tel. 00 356 21 243 286
Fax 00 356 21 231 919

3.

ESTONIA

8.

POLAND

Majandus- ja Kommunikatsiooniministeerium
Harju 11
15072 Tallinn
Estonia
Tel. (372) 6256 400
Fax (372) 6313 660

4. HUNGARY

Gazdasági és Közlekedési Minisztérium
Engedélyezési és Közigazgatási Hivatala
1024 Budapest Margit krt. 85. Postafiók: 1537
Budapest
Pf. 345.
Tel. 0036(1) 336 7300
Fax 0036(1)336 7302

5.

LATVIA

Ekonomikas Ministrija
Brivibas iela 55
LV-1519 Riga
Tel. 00 371 701 3006
Fax 00 371 728 0882

Ministerstwo Gospodarki, Pracy i Polityki Spolecznej
Pl.Trzech Krzyzy 3/5
00-950 Warszawa
Tel. 0048/22/693 55 53
Fax 0048/22/693 40 21

9.

SLOVAKIA

Ministerstvo Hospodárstva SR
Odbor výkonu obchodno-politických opatrení
Mierová 19
827 15 Bratislava
Tel. 00 421 2 434 23 913/00 421 2 485 42 160
Fax 00 421 2 4342 3919

10. SLOVENIA

Ministrstvo za gospodarstvo
Podrocˇje ekonomskih odnosov s tujino
Kotnikova 5
1000 Ljubljana
Tel. +386(0)1/478 3600
Fax +386(0)1/478 3611