CELEX: 51995PC0460
Language: en
Date: 1995-10-06
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 520/94 establishing a Community procedure for administering quantitative quotas

COMMISSION OF THE EUROPEAN COMMUNITIES
                            Brussels, 06.10.1995
                            COM(95) 460 final
                            95/0240 (ACC)
                  Proposal for a
        COUNCIL REGULATION (EC)
     amending Regulation (EC) No 520/94
    establishing a Community procedure for
        administering quantitative quotas
         (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                    Explanatory Memorandum
Article 2(5) of Regulation (EC) No 520/94 establishing a Community procedure for
administering quantitative quotas(I) stipulates that the quantities of such quotas that are not
allocated, assigned or used must be redistributed to importers in time to allow them to be
used before the end of the period covered by the quota.
Experience has shown that the information relating to the unused quantities (which
account for the lion's share of the quantities liable to be redistributed) may not be available
until after the end of the quota period, as was the case for the 1994 quotas
 The delay in this case was the result of the fact that the period of validity of import
licences was extended to take account of delivery and transport problems, etc. arising
because of the distance between the Community and China.
The quantities of the 1994 quotas that had not been used could not therefore be
redistributed.
This situation could occur again.
Article 2(5) should consequently be amended to introduce greater flexibility in the rules
concerning the redistribution of quantities that are not allocated, assigned or used with a
view to ensuring optimum use of the quotas.
It is proposed therefore that, in cases where it finds that redistribution could not have
taken place before the end of the quota period, the Commission can decide to carry out
the redistribution during the next quota period.
To avoid excessive cumulation of imports, such a decision will be taken on a case-by-case
basis taking into account the type of product and the purpose for which the quotas
concerned were introduced, following consultation of the committee set up under
Regulation (EC) No 520/94 in accordance with the procedure laid down in Article 23.
A proposal for a regulation to this effect is attached hereto for approval.
(,)
         O J N 0 L 6 6 , 10.3.1994, p. 1.
 ---pagebreak---                                           Proposal for a
                                COUNCIL REGULATION (EC)
                             amending Regulation (EC) No 520/94
                            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 1 13 thereof,
Having regard to the proposal from the Commission,
Whereas Article 2(5) of Council Regulation (EC) No 520/94<n provides that the quantities of
quotas that are not allocated, assigned or used must be redistributed in time to allow them to
be used before the end of the period covered by the quota;
Whereas experience acquired during the administration of the 1994 quotas has shown that
as a result notably of the period of validity of licences, the information relating to the unused
quantities (which account for the lion's share of the quantities liable to be redistributed) was
not available until after the end of the 1994 quota period; whereas therefore those quantities
could not be redistributed;
Whereas greater flexibility should therefore be allowed in the redistribution of the quantities
that are not allocated, assigned or used; whereas, 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, 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;
Whereas, to this end, Regulation (EC) No 520/94 should be amended,
HAS ADOPTED THIS REGULATION:
                                             Article 1
Article 2(5) of Regulation (EC) No 520/94 is replaced by the following:
"5. Quantities that have not been 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.
        O J N o L 66, 10.3.1994, p. 1
 ---pagebreak---     Where if it is found that it has not been possible to redistribute such quantities in time,
    the Commission shall decide, in accordance with the procedure laid down in Article 23,
    on their redistribution during the following quota period."
                                           Article 2
This Regulation shall enter into force on the third day following that of its its publication in
the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,                                            For the Council
                                                              The President
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(95) 460 final
                                               DOCUMENTS
EN                                                                             02
                                     Catalogue number : CB-CO-95-504-EN-C
                                                              ISBN 92-77-94061-1
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