COMMISSION REGULATION (EC) No 1225/94 of 30 May 1994 to be allocated to non-traditional importers from the Community 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 of 7 March 1994 establishing a Community procedure for administering quantitative quotas (1), and in particular Article 2 (4) and (5) and Article 10 thereof,
Having regard to 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 (2), and in particular the first indent of Article 1  and the second and third indents of Article 7 (2) thereof,
Whereas the Member States have, in accordance with Article 7 (2) of Regulation (EC) No 747/94, notified the Commission of the import licence applications received for that portion of the abovementioned quotas set aside for non-traditional importers,  giving the date and exact time of receipt of each application;
Whereas examination of the applications has shown that those for some products can be met to the predetermined maximum quantity prescribed in Annex II to Regulation (EC) No 747/94; whereas, where quota portions have not been exhausted, the Community  balance should be specified along with the date from which applicants may, subject to the conditions laid down in Article 12 (3) of Regulation (EC) No 520/94, submit a new licence application;
Whereas owing to the simultaneous receipt of applications substantially exceeding the quota portion to be allocated and to certain implementing problems encountered by the national authorities, however, it has proved impossible to apply the method laid  down in Article 12 of Regulation (EC) No 520/94 for certain other products;
Whereas, in accordance with Article 2 (4) of Regulation (EC) No 520/94 and with a view to ensuring the optimal use of quotas, an alternative method should be devised whereby each quota portion is allocated in proportion to the number of applications  notified to the Commission; whereas this method would however not allow the allocation of economically significant quantities of the products covered by CN code 8527 29; whereas that portion of the quota should therefore be redistributed later in  accordance with Article 2 (5) of Regulation (EC) No 520/94;
Whereas the Committee set up under Regulation (EC) No 520/94 has expressed no opinion on the measures contained in this Regulation;
1. The Commission confirms and notifies the Member States that the import licence applications concerning the products listed in Annex I to this Regulation can be met to the predetermined maximum quantities laid down in Annex II to Regulation  (EC) No 747/94. Any available Community balance is shown for the products covered by the abovementioned Annex I.
2. Within the limits of the available Community balance, importers who have received a licence under paragraph 1 above and can prove that they have actually imported the total quantity of goods for which the licence was issued shall be authorized to  submit another licence application to the competent national authorities as from 10 a.m. Brussels time on 15 July.
In accordance with Article 12 (3) of Regulation (EEC) No 520/94, this procedure shall apply to the importers in question until the quota is exhausted. The competent national authorities shall notify the Commission as from 15 July at 10 a. m. Brussels  time of the applications received in chronological order of receipt.
The Commission shall examine and confirm applications in accordance with the second and third indents of Article 7 (2) of Regulation (EC) No 747/94.
All import licence applications concerning products covered by Annex II to this Regulation shall be met to the quantities specified in that Annex.
Where the implementation of the above Articles would lead to the allocation of a quantity or values in excess of that applied vor, the quantity or value allocated shall be limited to that requested.
The portion of the quota relating to products falling within CN code 8527 29 will be redistributed in accordance with Article 14 of Regulation (EC) No 520/94.
This Regulation shall enter into force on the day of 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.