Commission Regulation (EC) No 308/2004 of 20 February 2004 redistributing unused portions of the 2003 quantitative quotas for certain products originating in the People's Republic of China
Date: 2004-02-20
Institutions: European Commission
Subjects: China, ceramics, footwear industry, originating product, tariff quota, toiletries

21.2.2004

EN

Official Journal of the European Union

L 52/37

COMMISSION REGULATION (EC) No 308/2004

of 20 February 2004

redistributing unused portions of the 2003 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 (1) of 7
March 1994 establishing a Community procedure for adminis-
tering quantitative quotas, and in particular Article 2(5) and
Articles 14 and 24 thereof,

Whereas:

(7)

(8)

(9)

(1)

(2)

(3)

(4)

(5)

(6)

transitional product-specific

Council Regulation (EC) No 427/2003 (2) of 3 March
2003 on a
safeguard
mechanism and amending Regulation (EC) No 519/94
on common rules for imports from certain third coun-
tries provided for 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 adopted Regulation (EC) No 738/94 (3),
laying down general rules for the implementation of
Regulation (EC) No 520/94. These provisions apply to
the administration of the above quotas subject to the
provisions of this Regulation.

In accordance with Article 20 of Regulation (EC) No
520/94, the competent authorities of the Member States
notified the Commission of
the quantities of quotas
assigned in 2003 and not used.

The unused quantities could not be redistributed in time
to be used before the end of the 2003 quota year.

the data received for each of

Examination of
the
products in question indicates that the quantities not
used in the 2003 quota year should be redistributed in
2004, up to a limit of the amounts set out in Annex I to
this Regulation.

The different administrative methods provided for by
Regulation (EC) No 520/94 have been analysed and it is
considered that the method based on traditional trade
flows should be adopted. Under this method quota
tranches are divided into two portions, one of which is
reserved for traditional importers and the other for other
applicants.

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.

Quantities redistributed under this Regulation should be
divided using the same criteria as for the allocation of
the 2003 quotas.

It is necessary to simplify the formalities to be fulfilled
by traditional
importers who already hold import
licences issued when the 2004 Community quotas were
authorities
allocated. The
already possess the requisite evidence of either 1998 or
1999 imports for all traditional
importers. The latter
need therefore only enclose a copy of their previous
licences with their new licence applications.

administrative

competent

(10) Measures should be taken to provide the best conditions
for the allocation of that portion of the quota reserved
for non-traditional importers with a view to optimum
use of quotas. To this end, it is appropriate to provide
for that portion to be allocated in proportion to the
quantities requested, on the basis of a simultaneous
licence applications actually
examination of
lodged, and grant access only to importers who can
prove that they obtained and made use of at least 80 %
of an import licence for the product in question during
the 2003 quota year. The amount that any non-tradi-
tional importer may request should also be restricted to
a set volume or value.

import

(11)

For the purposes of quota allocation, a time limit must
be set
licence applications by
importers.

for the submission of

(12) With a view to optimum use of quotas, licence applica-
tions for imports of footwear under quotas which refer
to several CN codes must specify the quantities required
for each code.

(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 65, 8.3.2003, p. 1. Regulation as amended by Regulation (EC)

No 1985/2003 (OJ L 295, 13.11.2003, p. 43).

(3) OJ L 87, 31.3.1994, p. 47. Regulation as last amended by Regu-

lation (EC) No 983/96 (OJ L 131, 1.6.1996, 47).

(13)

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.

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Official Journal of the European Union

21.2.2004

(14)

(15)

In view of the fact that the quota system will expire on
31 December 2004, the expiry date of the redistribution
import licences is set at 31 December 2004.

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,

Article 3

Applications for import
licences shall be lodged with the
competent authorities listed in Annex IV to this Regulation
from the day following the day of publication of this Regu-
lation in the Official Journal of the European Union until 15.00,
Brussels time, on 10 March 2004.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down specific provisions for the redistribu-
tion in 2004 of portions of
the 2003 quantitative quotas
referred to in Council Regulation (EC) No 427/2003 which
were not used in the 2003 quota year.

The quantities not used in the 2003 quota year shall be redis-
tributed up to the limit of the volumes or values set out in
Annex I to this Regulation.

Regulation (EC) No 738/94 shall apply subject to the specific
provisions of this Regulation.

Article 2

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 II to this Regulation.

3.

(a) The portion set aside for non-traditional importers shall
be apportioned using the method based on allocation in
proportion to quantities requested; the volume requested
by a single importer may not exceed that shown in
Annex III. Only importers who can prove that they
imported at least 80 % of the volume of the product for
which they were granted an import licence pursuant to
Commission Regulation (EC) No 2077/2002 (1) shall be
entitled to apply for import licences.

(b) Operators that are deemed to be related persons as
defined by Article 143 of Regulation (EEC) No 2454/
93 (2) 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, 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.

Article 4

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

‘traditional’

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.

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 calendar year 1998 or 1999 carried
out by themselves or, where applicable, by the operator whose
activities they have taken over.

Applicants already holding import licences issued for 2004
under Commission Regulation (EC) No 1956/2003 (3) or under
Commission Regulation (EC) No 215/2004 (4)
for products
covered by the licence application may enclose a copy of their
previous licences with their licence applications. In that case
indicate in their licence application the aggregate
they shall
quantity of
imports of the product in question during the
chosen reference period.

Article 5

Member States shall inform the Commission no later than 1
April 2004 at 10.00, Brussels time, of the number and aggre-
gate quantity of import licence applications and, in the case of
the volume of
importers, of
applications from traditional
previous imports carried out by traditional
importers during
the chosen reference period referred to in Article 4(1) of this
Regulation.

Article 6

No later than 30 days after having received all the information
required under Article 5, the Commission shall adopt the quan-
titative criteria to be used by the competent national authorities
for the purpose of meeting importers' applications.

(1) OJ L 319, 23.11.2002, p. 12.
(2) OJ L 253, 11.10.1993, p. 1.

(3) OJ L 289, 7.11.2003, p. 10.
(4) OJ L 36, 7.2.2004, p. 10.

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Import licences shall be valid up to 31 December 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, 20 February 2004.

For the Commission

Pascal LAMY

Member of the Commission

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Official Journal of the European Union

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ANNEX I

Quantities to be redistributed

Product description

HS/CN code

Quantities redistributed

Footwear falling within HS/CN codes

ex 6402 99 (1)

9 720 296 pairs

6403 51
6403 59

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

1 577 200 pairs

1 966 283 pairs

ex 6404 11 (2)

4 169 083 pairs

6404 19 10

10 151 135 pairs

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

6911 10

6912 00

10 983 tonnes

16 565 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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Official Journal of the European Union

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ANNEX II

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)

7 290 222 pairs

2 430 074 pairs

6403 51
6403 59

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

1 182 900 pairs

394 300 pairs

1 474 712 pairs

491 571 pairs

ex 6404 11 (2)

3 126 812 pairs

1 042 271 pairs

6404 19 10

7 613 351 pairs

2 537 784 pairs

6911 10

8 237 tonnes

2 746 tonnes

6912 00

12 424 tonnes

4 141 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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Official Journal of the European Union

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ANNEX III

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

6912 00

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

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.

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ANNEX IV

List of the competent national authorities in the Member States

1. BELGIQUE/BELGÏE

7.

IRELAND

Service public fédéral Économie, PME, Classes moyennes &
énergie
Administration du Potentiel économique
Politiques d'accès aux marchés, Service Licences

Federale Overheidsdienst Economie, K.M.O., Middenstand en
Energie
Bestuur Economisch Potentieel
Markttoegangsbeleid, Dienst Vergunningen
Generaal Lemanstraat 60, Rue Général-Leman 60
B-1040 Brussel/Bruxelles
Tél./Tel.: (32-2) 206 58 16
Télécopieur/Fax: (32-2) 230 83 22/231 14 84

2. DANMARK

Erhvervs- og Boligstyrelsen
Vejlsøvej 29
DK-8600 Silkeborg
Tlf. (45) 35 46 64 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) 619 69 08-800

4. GREECE

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

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 Attività Produttive
Direzione Generale Politica Commerciale e la Gestione del regime
degli scambi
Div. VII
Viale Boston 25
I-00144 Roma
Tel. (39-6) 599 32 489/(39-6) 599 32 487
Fax (39-6) 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
9700 RD Groningen
Nederland
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
Tél. (33) 155 07 46 69/95
Télécopieur (33) 155 07 48 32/34/35

Bundesministerium für Wirtschaft und Arbeit
Außenwirtschaftsadministration
Abteilung C2/2
Stubenring 1
A-1011 Wien
Tel. (43-1) 71 10 00
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 4263
Fax: (351) -21 881 4261

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13. SUOMI

15. UNITED KINGDOM

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

14. SVERIGE

Kommerskollegium
Box 6803
S-113 86 Stockholm
Tfn (46-8) 690 48 00
Fax (46-8) 30 67 59

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