CELEX: 51994EC0520
Language: en
Date: 2007-01-31
Title: Proposal for a Council Regulation (EC) No …/… of […] establishing a Community procedure for administering quantitative quotas (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM (2005)

                                                                  Proposal for a

                                                          COUNCIL REGULATION (EC) No …/…

                                                                      of […]

                                     establishing a Community procedure for administering quantitative quotas

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Regulation (EC) No 520/94 of 7 March 1994 establishing  a  Community
       procedure for administering quantitative quotas[3]. The new Regulation will  supersede  the  various  acts  incorporated  in  it[4];  this
       proposal fully preserves the content of the acts being codified and hence does no more than bringing them together with only  such  formal
       amendments as are required by the codification exercise itself.

5.    The codification proposal was  drawn  up  on  the  basis  of  a  preliminary  consolidation,  in  all  official  languages,  of  Regulation
       (EC) No 520/94 and the instruments amending it, carried out by the Office for Official Publications of the European Communities, by  means
       of a data-processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is  shown
       in a table contained in Annex II to the codified Regulation.

                                            ê 520/94

                                                                  Proposal for a

                                                         COUNCIL REGULATION (EC) No […/…]

                                                                      of […]

                                     establishing a Community procedure for administering quantitative quotas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Having regard to the opinion of the European Economic and Social Committee[6],

                                            ê 

Whereas:

   1) Council Regulation (EC) No 520/94 of 7 March 1994 establishing a Community procedure  for  administering  quantitative  quota[7]  has  been
      substantially amended several times[8]. In the interests of clarity and rationality the said Regulation should be codified.

                                            ê 520/94 Recital 2

   2) Under Article 14 of the Treaty, the internal market comprises since 1 January 1993 of an area without internal frontiers in which the  free
      movement of goods, persons, services and capital is ensured.

                                            ê 520/94 Recital 3 (adapted)

   3) A system for administering quantitative quotas should therefore be established in line with this objective and based on the principle of  a
      uniform common commercial policy, in accordance with the guidelines laid down by the Court of Justice of the European Communities.

                                            ê 520/94 Recital 4

   4) There should be a choice between several allocation methods, depending on criteria such as the situation of the Community market, the  type
      of product concerned, specific characteristics of the supplier countries and the Community's international obligations, particularly  those
      which undertake to allow for traditional trade flows.

                                            ê 138/96 Recital 3 (adapted)

   5) Flexibility should be allowed in the redistribution of the quantities that are not allocated, assigned or used. However, to avoid  possible
      excessive accumulation of imports, the question of whether such a redistribution after the end of the quota period is appropriate should be
      examined on a case-by-case basis and the relevant arrangements decided on, notably with regard to  the  period  of  validity  of  licences,
      taking into account the type of product in question and the purpose for which the quotas concerned were introduced.

                                            ê 520/94 Recital 5

   6) The administration of import and export quotas should be based on  a  system  of  licences  issued  by  the  Member  States  in  line  with
      quantitative criteria established at Community level.

                                            ê 520/94 Recital 6 (adapted)

   7) The administrative procedure Ö should Õ ensure that all applicants have fair access to quotas, and the documents issued Ö should Õ be  such
      that they can be used throughout the Community.

                                            ê 138/96 Recital 4

   8) If unused quantities are to be redistributed as efficiently as possible, reliable and full information is needed on the actual use made  of
      import licences issued. For that purpose, all import licences, whether used or unused, should have to be returned to the competent national
      authorities within ten working days of their expiry date at the latest.

                                            ê 

   9) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision  1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[9].

                                            ê 520/94 Recital 8

  10) The provisions of this Regulation and those governing its implementation  should  not  prejudice  existing  national  and  Community  rules
      concerning professional secrecy.

                                            ê 520/94 Recital 9

  11) The products listed in Annex I to the Treaty, together with textiles and  other  products  that  are  subject  to  specific  common  import
      arrangements laying down specific provisions as regards quota administration should be excluded from the scope of this Regulation,

                                            ê 520/94

HAS ADOPTED THIS REGULATION:

                                                                    CHAPTER I

                                                        GENERAL ADMINISTRATIVE PRINCIPLES

                                                                    Article 1

1. This Regulation establishes the rules governing the administration of quantitative import  and  export  quotas,  hereinafter  referred  to  as
‘quotas’, whether autonomous or conventional, established by the Community.

2. This Regulation shall not apply to products listed in Annex I to the Treaty, nor to other products that are subject to specific common  import
or export arrangements laying down special provisions for quota administration.

                                            ê 520/94 (adapted)

                                                                    Article 2

1. Quotas shall be allocated among applicants as soon as possible after they have been  opened.  It  may  be  decided,  in  accordance  with  the
procedure Ö referred to Õ in Article 22(2), to allocate them in several tranches.

                                            ê 520/94

2. Quotas may, inter alia, be administered using one of the following methods, or a combination of these methods:

(a)   a method based on traditional trade flows, in accordance with Articles 6 to 11;

(b)   a method based on the order in which applications are submitted (on a ‘first come, first served’ basis), in accordance with Article 12;

(c)   a method allocating quotas in proportion to the  quantities  requested  when  the  applications  are  submitted  (using  the  ‘simultaneous
       examination’ procedure), in accordance with Article 13.

                                            ê 520/94 (adapted)

3. The allocation method to be used shall be determined by following the procedure Ö referred to Õ in Article 22(2).

4. If it is apparent that none of the methods indicated in paragraph 2 is appropriate to the specific requirements of  a  quota  which  has  been
opened, the Commission shall determine whatever method may be appropriate following the procedure Ö referred to Õ in Article  22(2).

                                            ê 138/96 Art. 1 pt. 1

5. Quantities that are not allocated, assigned or used shall be redistributed in accordance with Article 14 in time to  allow  them  to  be  used
before the end of the period covered by the quota.

                                            ê 138/96 Art. 1 pt. 1 (adapted)

If it is found that it has not been possible to redistribute such quantities in time, the Commission shall decide, on a  case-by-case  basis,  in
accordance with the procedure Ö referred to Õ in Article 22(2), on their possible redistribution during the following quota period.

                                            ê 520/94

6. Save where other provisions are adopted when the quota is set, the release for free circulation or export of products subject to quotas  shall
be conditional on the presentation of an import or export licence issued by the Member States in accordance with this Regulation.

7. Member States shall designate the administrative authorities competent to carry out implementing  measures  for  which  they  are  responsible
under this Regulation. They shall notify the Commission of the authority thus designated.

                                                                    Article 3

The Commission shall publish a notice announcing the opening of quotas in the Official Journal of the European Union, setting out the  allocation
method chosen, the conditions to be met by licence applications,  time  limits  for  submitting  them  and  a  list  of  the  competent  national
authorities to which they must be sent.

                                                                    Article 4

1. All Community importers and exporters, no matter where they are established in the Community, may submit  a  single  licence  application  for
each quota or tranche of a quota to the competent authority of the Member State of their choice, drawn up in the official language  or  languages
of the Member State concerned.

Where a quota is limited to one or several regions of the Community, the application shall be made to the competent  authorities  in  the  Member
State(s) of the region(s) in question.

                                            ê 520/94 (adapted)

2. Applications for licences shall be submitted in accordance with the  arrangements  determined  following  the  procedure  Ö referred  to Õ  in
Article 22(2).

                                            ê 520/94

                                                                    Article 5

The Commission shall ensure that the licences to be issued are for economically significant quantities,  having  regard  to  the  nature  of  the
product covered by the quota.

                                                                    CHAPTER II

                                             SPECIFIC RULES FOR THE DIFFERENT ADMINISTRATIVE METHODS

                                                                    Section A

                                                     METHOD BASED ON TRADITIONAL TRADE FLOWS

                                                                    ARTICLE 6

1. Where quota allocation takes account of traditional trade flows, one portion of the quota shall  be  reserved  for  traditional  importers  or
exporters while the other shall be set aside for other importers or exporters.

2. Importers or exporters deemed to be traditional are those able to demonstrate that in the course of a previous period, to  be  known  as  ‘the
reference period’ they have imported into the Community or exported from it the product or products covered by the quota.

                                            ê 520/94 (adapted)

3. The portion set aside for traditional importers or exporters, the reference period and the portion allocated  to  other  applicants  shall  be
determined in accordance with the procedure  Ö referred to Õ in Article 22(2).

                                            ê 520/94

4. The allocation shall be carried out in accordance with the principles set out in Articles 7 to 11.

                                                                    Article 7

To qualify for the allocation of the part of the quota set aside for them, and to provide evidence of the imports or exports carried  out  during
the reference period, traditional importers or exporters shall enclose with their licence applications:

     – a certified copy of the original of the entry for free circulation or export declaration made out in the name of the importer or  exporter
       concerned or, where applicable, that of the operator whose activities they have taken over; ,

                                            ê 520/94 (adapted)

     – any equivalent evidence, as determined by the Commission in accordance with the procedure Ö referred to Õ in Article 22(2).

                                            ê 520/94

                                                                    Article 8

Member States shall, within the period laid down in the notice opening the  quota  concerned,  inform  the  Commission  of  the  number  and  the
aggregate amount of the import or export applications, broken down into those from traditional importers or  exporters  and  other  importers  or
exporters, and of the amount of the previous imports or exports carried out by the applicants during the reference period.

                                                                    Article 9

The Commission shall examine the information provided by the Member States at the  same  time  and  shall  establish  the  quantitative  criteria
according to which traditional importers' or exporters' applications are to be met as follows:

                                            ê 520/94 (adapted)

(a)   where aggregate applications are equal to or less than the amount set aside for traditional importers or exporters, applications  Ö shall Õ
       be met in full;

(b)   where aggregate applications exceed the amount set aside for traditional importers or exporters, applications Ö shall Õ be on  a  pro  rata
       basis, calculated in accordance with each applicant's share of the total reference imports or exports;

                                            ê 520/94

(c)   where the use of this quantitative criterion would entail allocating amounts greater than those applied for, the  excess  quantities  shall
       be reassigned following the procedure laid down in Article 14.

                                                                    Article 10

The portion of the quota set aside for non-traditional importers or exporters shall be allocated in accordance with Article 12.

                                                                    Article 11

Where no applications are received from traditional importers or exporters, the importers or exporters that do apply shall  have  access  to  the
whole quota or tranche concerned.

In such cases, the allocation shall be carried out following the procedure laid down in Article 12.

                                                                    Section B

                                          METHOD BASED ON THE ORDER IN WHICH APPLICATIONS ARE SUBMITTED

                                            Ê 520/94 (ADAPTED)

                                                                    Article 12

1. Where a quota or tranche of a quota is allocated on a ‘first come, first served’ basis, the Commission shall apply  the  procedure  Ö referred
to Õ in Article 22(2) to determine the quantity to which operators are entitled until the quota is exhausted.

                                            ê 520/94

In setting this quantity, the same for all operators, allowance shall be made for the need to assign economically significant  quantities  having
regard to the nature of the product concerned.

2. When the competent authorities have checked the Community balance still available, they shall assign each importer or  exporter  the  quantity
determined in accordance with paragraph 1.

                                            ê 520/94 (adapted)

3. When licence-holders can prove that they have indeed imported or exported the total quantity for  which  they  were  issued  a  licence  or  a
portion to be determined in accordance with the procedure Ö referred to Õ in Article 22(2), they may  submit  a  new  licence  application.  This
application Ö shall Õ be processed in accordance with the same conditions as previously. This procedure  may  be  repeated  until  the  quota  is
exhausted.

                                            ê 520/94

4. To ensure that all applicants have equal access to the quota, the Commission shall specify the dates and times  of  access  to  the  Community
balance available in the notice opening the quota.

                                                                    Section C

                                        METHOD ALLOCATING QUOTAS IN PROPORTION TO THE QUANTITIES REQUESTED

                                            Ê 520/94 (ADAPTED)

                                                                    Article 13

1. Where a quota is allocated in proportion to the quantities applied for, the competent authorities  of  the  Member  States  shall  inform  the
Commission of the licence applications they have received in compliance with the deadlines and conditions  established  following  the  procedure
Ö referred to Õ in Article 22(2).

                                            ê 520/94

This information shall specify the number of applicants and the aggregate quantities applied for.

                                            ê 520/94 (adapted)

2. Within the deadline set following the procedure Ö referred to Õ in Article 22(2), the Commission shall examine  the  information  provided  by
the competent authorities of the Member States at the same time, and shall determine the quantity of the quota or of the tranches  concerned  for
which the said authorities are to issue import or export licences.

                                            ê 520/94

3. Where aggregate licence applications are equal to, or less than, the quantity of the quota concerned, applications shall be met in full.

4. Where aggregate applications exceed the quantity of the quota concerned, they shall be  met  on  a  pro  rata  basis,  in  proportion  to  the
quantities applied for.

                                                                    Section D

                                                   ALLOCATION OF QUANTITIES FOR REDISTRIBUTION

                                                                    ARTICLE 14

1. Quantities for redistribution shall be determined by the Commission on the basis of the information provided by Member  States  in  accordance
with Article 20.

2. Where the quota is initially allocated using the method laid down in Article 12, the Commission  shall  immediately  add  the  quantities  for
redistribution to any amounts still available, or use them to reconstitute the quota if the latter is exhausted.

                                            ê 520/94 (adapted)

3. Where the quota is initially allocated using another method, the quantities for redistribution  shall  be  assigned  in  accordance  with  the
procedure Ö referred to Õ in Article 22(2).

                                            ê 520/94

If this is the case, the Commission shall publish an additional notice in the Official Journal of the European Union.

                                                                   CHAPTER III

                                                    RULES CONCERNING IMPORT OR EXPORT LICENCES

                                                                    Article 15

1. Where the method used is that laid down in Article 12, Member States shall  issue  licences  immediately  on  verification  of  the  Community
balance available.

                                            ê 520/94 (adapted)

2. In other cases Ö the following shall apply Õ :

(a)   the Commission shall notify the competent authorities in the Member States, within a  period  to  be  determined  in  accordance  with  the
       procedure Ö referred to Õ in Article 22(2), of the quantities for which they issue licences to the various applicants. It shall inform the
       other Member States thereof;

                                            ê 520/94

(b)   the competent authorities in the Member States shall issue import or export licences  within  ten  working  days  of  notification  of  the
       Commission decision or within the time limit set by the Commission;

                                            ê 520/94 (adapted)

(c)   the authorities shall inform the Commission that import or export licences have been issued.

                                                                    Article 16

The issue of licences may be made conditional upon the lodging of a security, in accordance with the procedure Ö referred to Õ in Article 22(2).

                                            ê 520/94

                                                                    Article 17

1. Import or export licences shall authorize the import or export of products which are subject to quotas  and  shall  be  valid  throughout  the
Community, regardless of the place of import or export mentioned in the applications by the operators.

Where a quota is limited to one or several regions of the Community, import or export licences shall be valid only in the Member State(s) of  the
region(s) in question.

                                            ê 520/94 (adapted)

2. The period of validity of import or export licences to be issued by the competent authorities of the  Member  States  shall  be  four  months.
However, a different period of validity may be set in accordance with the procedure Ö referred to Õ in Article 22(2).

                                            ê 520/94

3. The holders of import or export licences may, on request, obtain extracts thereof from the competent authorities which issued the licences  in
the Member State concerned.

Such extracts shall have the same legal effects as the licences from which they are derived, up to the  quantity  for  which  the  licences  were
issued.

                                            ê 520/94 (adapted)

4. Applications for import or export licences, licences and extracts shall be drawn up on forms conforming to a specimen the  characteristics  of
which shall be established in accordance with the procedure Ö referred to Õ in Article 22(2).

                                                                    Article 18

Without prejudice to the specific provisions to be adopted in accordance with the procedure Ö referred to Õ in Article 22(2),  import  or  export
licences and their extracts may not be loaned or transferred, whether for a consideration or free of charge, by the  person  in  whose  name  the
document was issued.

                                            ê 520/94

                                                                    Article 19

1. Import or export licences or extracts shall, except in cases of force majeure, be returned to the competent authorities of  the  Member  State
of issue within ten working days of their expiry date at the latest.

2. Where the issue of import or export licences is conditional upon the lodging of a security, the security  shall,  except  in  cases  of  force
majeure, be forfeit where the time limit referred to in paragraph 1 is not complied with.

                                                                    Article 20

The competent authorities of the Member States shall notify the Commission, immediately upon being so informed and in  any  case  no  later  than
twenty days after the expiry date of the licences, of the quantities  of  quotas  assigned  and  not  used,  with  a  view  to  their  subsequent
redistribution pursuant to Article 2(5).

                                                                    Article 21

The competent authorities of the Member States shall inform the Commission, by the end of each month, of the quantities of  products  subject  to
quotas which have been imported or exported during the preceding month.

                                                                    CHAPTER IV

                                                                 FINAL PROVISIONS

                                            ê 806/2003 Art. 2 and Annex II pt. 11

                                                                    Article 22

1. The Commission shall be assisted by a committee.

                                            ê 806/2003 Art. 2 and Annex II pt. 11 (adapted)

2. Where reference is made to this Ö paragraph Õ, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

                                            ê 806/2003 Art. 2 and Annex II pt. 11

3. The Committee shall adopt its Rules of Procedure.

                                            ê 520/94 (adapted)

                                                                    Article 23

The procedures for applying this Regulation shall be adopted by the Commission in accordance  with  the  procedure  Ö referred  to Õ  in  Article
22(2). They shall in particular determine the implementation of the methods of allocation, the information to be  transmitted  by  the  competent
authorities in the Member States and the measures intended to ensure compliance with this Regulation.

                                            ê 520/94

                                                                   Article  24

1. The information received by the Council, the Commission or the Member States pursuant to this Regulation may be used  only  for  the  purposes
for which it was requested.

2. The Council, the Commission and the Member States, and those acting on their behalf, shall not disclose information  in  respect  of  which  a
duly substantiated request for confidential treatment has been lodged, except where express authorization is granted by the party  providing  the
information.

3. This Article shall not prevent the Community authorities from disclosing information of a general nature, in particular the grounds  on  which
decisions are taken pursuant to this Regulation, or evidence used by them to justify their arguments in the  event  of  legal  proceedings.  Such
disclosure must take into account the legitimate interest of the parties concerned in preserving commercial confidentiality.

                                            ê 520/94 (adapted)

                                                                   Article  25

Member States and the Commission shall provide each other with the requisite  information  and  shall  cooperate  in  applying  this  Regulation.
Communication and information dissemination procedures shall, where necessary,  be  established  in  accordance  with  the  procedure  laid  down
Ö referred to Õ in Article 22(2).

                                            ê 

                                                                    Article 26

Regulation (EC) No 520/94 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex II.

                                            ê 520/94 (adapted)

                                                                    Article 27

This Regulation shall enter into force on the Ö twentieth Õ day following Ö that of Õ its publication in the Official  Journal  of  the  European
Union.

                                            ê 520/94

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

Done at Brussels, […]

      For the Council
      The President
      […]

                                            é

                                                                     ANNEX I

                                                Repealed Regulation with its successive amendments

|Council Regulation (EC) No 520/94                                              |                                              |
|(OJ L 66, 10.3.1994, p. 1)                                                     |                                              |
|Council Regulation (EC) No 138/96                                             |                                                   |
|(OJ L 21, 27.1.1996, p. 6)                                                    |                                                   |
|Council Regulation (EC) No 806/2003                                           |Only point 11 of Annex II                          |
|(OJ L 122, 16.5.2003, p. 1)                                                   |                                                   |

                                                                  _____________

                                                                     ANNEX II

                                                                Correlation Table

|Regulation (EC) No 520/94                                            |This Regulation                                                      |
|Articles 1 to 5                                                      |Articles 1 to 5                                                      |
|Article 6(1), (2) and (3)                                            |Article 6(1), (2) and (3)                                            |
|Article 6(4)                                                         |_                                                                    |
|Article 6(5)                                                         |Article 6(4)                                                         |
|Articles 7 and 8                                                     |Articles 7 and 8                                                     |
|Article 9, initial wording                                           |Article 9, initial wording                                           |
|Article 9, first, second and third indents                           |Article 9(a), (b) and (c)                                            |
|Articles 10 to 14                                                    |Articles 10 to 14                                                    |
|Article 15(1)                                                        |Article 15(1)                                                        |
|Article 15(2) initial wording                                        |Article 15(2) initial wording                                        |
|Article 15(2), first, second and third indents                       |Article 15(2) (a), (b) and (c)                                       |
|Article 16 to 21                                                     |Article 16 to 21                                                     |
|Article 22(1)                                                        |Article 22(1)                                                        |
|Article 22(2)                                                        |Article 22(3)                                                        |
|Article 23, first paragraph                                          |Article 22(2), first subparagraph                                    |
|Article 23, second paragraph                                         |Article 22(2), second subparagraph                                   |
|Article 24                                                           |Article 23                                                           |
|Article 25                                                           |Article 24                                                           |
|Article 26                                                           |Article 25                                                           |
|Article 27                                                           |_                                                                    |
|_                                                                    |Article 26                                                           |
|Article 28                                                           |Article 27                                                           |
|_                                                                    |Annex I                                                              |
|_                                                                    |Annex II                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex I to this proposal.
[5]   OJ C
[6]   OJ C
[7]   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).
[8]   See Annex I.
[9]   OJ L 184, 17.7.1999, p. 23.