Commission Regulation (EC) No 747/94 of 30 March 1994 establishing administration procedures for quantitative quotas on certain products originating in the people's Republic of China

COMMISSION REGULATION (EC) No 747/94 of 30 March 1994 establishing administration procedures for 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 administering quantitative quotas (1), and in particular Articles 2 (3) and 24 thereof,
Whereas Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/823 and (EEC) No 3420/83 (2) introduced quantitative quotas for certain products  originating in the People's Republic of China listed in Annex II to that Regulation; whereas the provisions of Regulation (EC) No 520/94 establishing a Community procedure for administering quantitative quotas are applicable to those quotas;
Whereas the Commission accordingly adopted Regulation (EC) No 738/94 (3) laying down general rules for the implementation of Regulation (EC) No 520/94; whereas these provisions apply to the administration of the above quotas subject to the provisions of  this Regulation;
Whereas after examination of the different administrative methods provided for by that Regulation, the method based on traditional trade flows should be adopted; whereas under this method quotas are divided into two portions, one of which is reserved  for traditional importers and the other for other applicants;
Whereas this method should ensure a smooth transition between the previous system, which was marked by disparities between the Member States' import arrangements for the products concerned, and the uniform system resulting from the introduction of the  Community quotas in question;
Whereas this method takes account of the traditional import trade flows formed under the previous system; whereas, however, the introduction of a Community system must ensure progressive access by non-traditional importers; whereas the portion set aside  for other applicants must make due allowance for the disparities in the above import arrangements in accordance with Article 6 (4) of Regulation (EC) No 520/94; whereas in the light of all these factors a balance must therefore be sought in determining  the portion to be allocated to the two categories of importers;
Whereas to qualify for the allocation of the part of the quota set aside for them, traditional importers must be able to demonstrate that during 1991 and 1992 they imported products originating in China covered by the quotas in question; whereas these  two years constitute an appropriate reference period for which full statistics are available showing normal trade flows for the products in question;
Whereas for the portion set aside for other importers and allocated on a 'first come, first serve' basis, allowance must be made in setting the predetermined quantity which each importer may obtain for the need to assign economically significant  quantities having regard to the nature of commercial practice for the product concerned, while at the same time remaining accessible to small importers;
Whereas for the purpose of quota allocation, a time limit must be set for the submission of licence applications by traditional and other importers, taking account of the need to ensure simple, clear and effective administration of quotas; whereas the  initial procedure for making allocations to other applicants should be implemented by stages;
Whereas with a view to optimum use of quotas, licence applications for imports of footwear, under quotas which refer to several CN headings, must specify the quantities required for each CN heading;
Whereas 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; whereas the information about traditional importers' previous imports  must be broken down by reference year and expressed in the unit of the quota in question; whereas if the quota is set in ecus, the counter-value of the currency in which previous imports are expressed must be calculated in accordance with Article 18 of  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4);
Whereas in view of the special nature of transactions concerning products covered by quotas, the period of validity of import licences should be set at six months from the date of issue by the Member States;
Whereas measures provided for in this Regulation are in accordance with the opinion of the Committee set up under Regulation (EC) No 520/94,