Commission Regulation (EC) No 215/2004 of 6 February 2004 establishing the quantities to be allocated to importers from the second tranche of the 2004 Community quantitative quotas on certain products originating in the People's Republic of China
Date: 2004-02-06
Institutions: European Commission
Subjects: China, ceramics, footwear industry, originating product, quantitative restriction, toiletries

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Official Journal of the European Union

7.2.2004

COMMISSION REGULATION (EC) No 215/2004

of 6 February 2004

establishing the quantities to be allocated to importers from the second 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,

Having regard to Council Regulation (EC) No 520/94 of 7
March 1994 establishing a Community procedure for adminis-
tering quantitative quotas (1), and in particular Articles 9 and
13 thereof,

Having regard to Commission Regulation (EC) No 2044/2003
of 20 November 2003 establishing administration procedures
for the second tranche of the 2004 quantitative quotas for
certain products originating in the People's Republic of
China (2), and in particular Article 6 thereof,

shown in Annex I to the volume of each importer's
imports, expressed in quantity or value terms, over the
reference period.

(5)

Examination of the figures supplied by Member States
and the acceding States shows that the aggregate volume
importers
of applications submitted by non-traditional
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 reduction shown in Annex II to the
amounts requested by each importer, as limited by Regu-
lation (EC) No 2044/2003.

(6)

Quantities not taken up by non-traditional
were transferred to traditional importers,

importers

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 2044/2003 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 22
November 2003 and 15.00, Brussels
time, on 31
December 2003, in accordance with Article 3 of Regu-
lation (EC) No 2044/2003.

The Commission has received from the Member States
and the acceding States, pursuant to Article 5 of Regu-
lation (EC) No 2044/2003, particulars of the numbers
and aggregate volume of
licence applications
submitted and the total volume imported by traditional
importers in 1998 or 1999 (Member States) and in
2001 or 2002 (acceding States), the reference years.

import

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
in the
licence applications
Member States and the acceding States for the second
tranche of the 2004 quantitative quotas.

submitted by importers

Examination of the figures supplied by Member States
and the acceding States shows that the aggregate volume
of applications submitted by traditional
importers for
the products listed in Annex I to this Regulation exceeds
or is lower than the portion of the quota set aside for
therefore be met by
them. The applications must
increase
applying the uniform rate of reduction or

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
(Member States) and for 2001 or 2002 (acceding States), as
indicated by the importer, adjusted by the rate of reduction/
increase specified in the said Annex for each quota.

Where the use of this quantitative criterion would entail allo-
cating an quantity 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
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 2044/2003, 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. Regulation as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 303, 21.11.2003, p. 3.

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

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

Done at Brussels, 6 February 2004.

For the Commission

Pascal LAMY

Member of the Commission

ANNEX I

Rate of reduction (-)/increase (+) applicable to imports

(traditional importers)

Product description

HS/CN code

Rate of reduction/increase

Footwear falling within HS/CN codes

ex 6402 99 (1)

– 15,55 %

6403 51
6403 59

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

+ 20,10 %

– 34,75 %

ex 6404 11 (2)

– 23,64 %

6404 19 10

+ 25,75 %

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

– 18,79 %

– 9,07 %

(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

Rate of reduction (-) applicable to the volume requested within the limits of the maximum amounts fixed by
Regulation (EC) No 2044/2003

(non-traditional importers)

Product description

HS/CN code

Rate of reduction

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

– 49,49 %

– 95,87 %

– 87,91 %

– 82,76 %

– 67,84 %

– 36,12 %

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

6912 00

– 42,04 %

(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.