Commission Regulation (EC) No 657/95 of 28 March 1995 establishing administration procedures for the second tranche of the 1995 quantitative quotas for certain products originating in the People's Republic of China

• CELEX: Regulation (EC) No 657/95
• Articles: 10

Article 1

1. The second tranche of the 1995 quantitative quotas listed in Annex II to Regulation (EC) No 519/94 shall be assigned to importers in accordance with this Regulation.

2. The volume/value of the second tranche of each quota is shown in Annex I.

3. Regulation (EC) No 738/94 laying down certain rules for the implementation of Regulation (EC) No 520/94 shall be applicable subject to the provisions of this Regulation.

Article 2

1. The second tranche of each quota shall be apportioned using the method based on traditional trade flows referred to in Article 2 (2) (a) of Regulation (EC) No 520/94.

2. The portions reserved respectively for traditional importers and other importers are shown in Annex II.

3. The portion set aside for non-traditional importers shall be apportioned using the method based on allocation in proportion to quantities requested; the volume/value requested by a single importer may not exceed that shown in Annex III.

Article 3

Applications for import licences shall be lodged from the day following the day of publication of this Regulation in the Official Journal of the European Communities to 18 April 1995 at 5 p.m., Brussels time, with the competent authorities listed in Annex I to Regulation (EC) No 738/94.

Article 4

1. For the purposes of allocating the portion of each quota tranche set aside for traditional importers, 'traditional` importers shall mean importers who can show that they have improted goods in the calendar years 1991 and 1992.

2. The evidence referred to in Article 7 of Regulation (EC) No 520/94 shall relate to the release for free circulation during calendar years 1991 and 1992 of products originating in the People's Republic of China which are covered by the quota tranche for which the application is made.

3. Instead of the evidence referred to in the first indent of Article 7 of Regulation (EC) No 520/94:

- applicants may enclose with their licence applications documents drawn up and certified by the competent national authorities on the basis of available customs information as evidence of the imports of the product in question during calendar years 1991 and 1992 carried out by themselves or, where applicable, by the operator whose activities they have taken over;

- except in the case of import licence applications for products falling within CN code 6402 99, applicants already holding import licences issued under Commission Regulation (EC) No 1012/94 (1) or Commission Regulation (EC) No 2801/94 (2) for products covered by the licence application may enclose a copy of their previous licences with their licence applications. In that case they shall indicate in their licence application the aggregate value of imports of the product in question in each of the years in the reference period.

4. Article 18 of Regulation (EEC) No 2913/92 shall apply where evidence is expressed in foreign currency.

Article 5

Member States shall inform the Commission no later than 3 May 1995 at 5 p.m., Brussels time, of the number and aggregate quantity of import licence applications and, in the case of applications from traditional importers, of the volume of previous imports carried out by traditional importers during each year of the reference period referred to in Article 4 (1) of this Regulation.

Article 6

No later than 10 May 1995 the Commission shall adopt the quantitative criteria to be used by the competent national authorities for the purpose of meeting importers' applications.

Article 7

The portion of the second tranche set aside for non-traditional importers in respect of products falling within CN codes 6403 51, 6403 59 and 8527 29 shall be set aside for non-traditional importers who submitted an import licence application for the first tranche of the 1995 quota.

The competent national authorities shall meet non-traditional importers applications on a pro rata basis by assigning the following percentages of the amounts applied for, within the limits set by Regulation (EC) No 2459/94:

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Article 8

Import licences shall be valid until 31 December 1995.

Article 9

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.

Done at Brussels, 28 March 1995.

For the Commission Leon BRITTAN Vice-President

Schedules & Appendices

ANNEX I

AMOUNT/VALUE OF THE SECOND TRANCHE OF THE 1995 QUOTAS

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ANNEX II

ALLOCATION OF THE SECOND TRANCHE OF THE QUOTAS

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ANNEX III

MAXIMUM QUANTITY WHICH MAY BE REQUESTED BY EACH IMPORTER OTHER THAN TRADITIONAL

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