Commission Regulation (EC) No 741/2004 of 21 April 2004 establishing the quantities to be allocated to importers from the Community quantitative quotas on certain products originating in the People's Republic of China redistributed by Regulation (EC) No 308/2004
Date: 2004-04-21
Institutions: European Commission
Subjects: China, ceramics, footwear industry, import, originating product, quantitative restriction, toiletries

22.4.2004

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Official Journal of the European Union

L 116/15

COMMISSION REGULATION (EC) No 741/2004

of 21 April 2004

establishing the quantities to be allocated to importers from the Community quantitative quotas
on certain products originating in the People's Republic of China redistributed by Regulation (EC)
No 308/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 427/2003 (1) of 3
March 2003 on a transitional product-specific safeguard
mechanism for imports originating in the People's Republic of
China and amending Regulation (EC) No 519/94 on common
rules for imports from certain third countries,

(5)

Having regard to Council Regulation (EC) No 520/94 (2) of 7
March 1994 establishing a Community procedure for adminis-
tering quantitative quotas and in particular Articles 9 and 13
thereof,

Having regard to Commission Regulation (EC) No 308/2004 (3)
of 20 February 2004 redistributing the unused portions of the
2003 quantitative quotas for certain products originating in the
People's Republic of China, and in particular Article 6 thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 308/2004 established the portion of
each of the quotas concerned reserved for traditional
and non-traditional
importers and the conditions and
methods for participating in the allocation of the quanti-
ties available.
Importers have lodged applications for
import licences with the competent national authorities
between 21 February 2004 and 15.00, Brussels time, on
10 March 2004, in accordance with Article 3 of Regu-
lation (EC) No 308/2004.

The Commission has received from the Member States,
pursuant to Article 5 of Regulation (EC) No 308/2004,
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 quantitative quotas redistributed
by Regulation (EC) No 308/2004.

submitted by importers

(1) OJ L 65, 8.3.2003, p. 1, as amended by Regulation (EC) No 1985/

2003 (OJ L 295, 13.11.2003, p. 43).

(2) OJ L 66, 10.3.1994, p. 1, as last amended by Regulation (EC) No

806/2003 (OJ L 122, 16.5.2003, 1).

(3) OJ L 52, 21.2.2004, p. 37.

the

that

aggregate

volume of

Examination of the figures supplied by Member States
applications
shows
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
in Annex I to the imports, expressed in volume terms, of
each importer 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 or is lower
than the portion of the quota set aside for them. The
therefore be met by applying the
applications must
uniform rate of reduction shown in Annex II to the
amounts requested by each importer, as limited by Regu-
lation (EC) No 308/2004.

(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
originating in the People's Republic of China listed in Annex I
duly submitted by traditional importers, the competent national
authorities shall allocate each importer a quantity equal to his
imports for 1998 or 1999, 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
allocated shall be limited to that specified in the application.

Article 2

In response to licence applications in respect of the products
originating in the People's Republic of China listed in Annex II
duly submitted by non-traditional
importers, the competent
national authorities shall allocate each importer a quantity
equal to the amount requested within the limits set by Regu-
lation (EC) No 308/2004, adjusted by the rate of reduction
specified in the said Annex for each quota.

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Official Journal of the European Union

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

Article 3

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

Done at Brussels, 21 April 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

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

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

– 79,91

– 4,83

– 88,09

– 81,29

– 52,71

– 81,32

– 60,59

(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

Rate of reduction applicable to the volume requested within the limits of the maximum amounts fixed by
Regulation (EC) No 308/2004

(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

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

– 65,75

0

– 95,28

– 79,15

0

– 64,79

– 48,84

(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.