Government Decree No. 400 / 2003 Coll.
Government Regulation establishing a procedure for imports of footwear, tableware and kitchenware of porcelain and ceramics originating in the People's Republic of China for the period May to December 2004
Valid
Effective from 27.11.2003
Text versions:
27.11.2003
400
GOVERNMENT REGULATION
of 12 November 2003
laying down a procedure for imports of footwear, tableware and kitchenware of porcelain and ceramics originating in the People's Republic of China for the period May to December 2004
The Government mandates the implementation of Act No. 62 / 2000 Coll., on certain arrangements for the export or import of certain products and on the licensing procedure and on the amendment of certain laws, in connection with the accession of the Czech Republic to the European Union and with the necessity to participate already in the process of distributing quantitative quotas by the European Commission for the import of footwear, tableware and kitchenware of porcelain and ceramics originating in the People's Republic of China during the period May to December 2004:
Imports into free circulation by the European Union of footwear, tableware and kitchenware of porcelain and ceramics originating in the People's Republic of China during the period May to December 2004 shall be subject from 1 May 2004 to the provisions of the European Communities for the application of quantitative quotas for these products.1)
The quantity quotas for the period May to December 2004 and their shares reserved for traditional and non-traditional importers are set out in Annex 1 to this Regulation.
Method of allocation of quantitative quotas
(1) Quantitative quotas are allocated by means of a method based on traditional commercial totals.2)
(2) The share of the quantitative quota reserved for non-traditional importers shall be allocated using an allocation method in proportion to the quantities requested.
(3) Unallocated shares of the quantities reserved for non-traditional importers shall be added to the quantities reserved for traditional importers.
Traditional and non-traditional importers
(1) The traditional importer shall be an applicant for an import licence, which shall prove that he has imported products originating in China which are included in the relevant quotas in the calendar year 2001 or 2002. Realised imports shall be demonstrated by the applicant at the same time as the application is lodged by the presentation of certified copies of the customs declarations for release for free circulation of the products in question.
(2) The non-traditional importer is an applicant who does not fulfil the conditions laid down in paragraph 1. That Member State may apply for a maximum of the quantities fixed under the relevant quantitative quotas set out in Annex 2 to this Regulation.
(3) Non-traditional importers meeting the definition of allied persons (4) may submit only 1 import licence application for each fixed quantitative quota reserved for non-traditional importers.
Import licence applications
(1) An importer intending to import the products referred to in Article 1 between May and December 2004 shall submit a written application for an import licence to the Ministry of Industry and Trade (hereinafter referred to as "the Ministry") for each specific quantitative quota drawn up in the Czech language. For the submission of import licence applications, the model application set out in Annex 3 to this Regulation and in Annex 4 to this Regulation for the traditional importer shall be used.
(2) The traditional and non-traditional importer shall attach to the import licence application an extract from the trade or trade register, the original or an officially certified copy thereof, showing that the applicant is entitled to carry out business activities. The extract must not be more than 90 days old.
Applications for import licences shall be submitted in the form and manner laid down in the rules of procedure by 31 December 2003 at the latest, within 15 hours.
Applications which have been submitted in electronic form without the use of a guaranteed electronic signature or by fax and have not been completed in writing within 3 days of the expiry of the period referred to in Article 6 or for which minor inaccuracies which the Ministry has requested to remove have not been corrected within the period referred to in Article 6 shall not be taken into account. Nor shall applications found to contain false declarations be taken into account.
The Ministry shall issue import licences in accordance with the rules for the allocation of the quantitative quotas laid down by the European Commission by Regulation, for the period from 1 May 2004 to 31 December 2004.
Efficacy
(1) This Regulation shall enter into force on the day of its publication.
(2) This Regulation shall expire on 30 April 2004.
Prime Minister:
PhDr. Špidla v. r.
Minister for Industry and Trade:
Ing. Urban v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 400 / 2003 Coll.
Quantity quotas for May to December 2004 and their shares reserved for traditional and non-traditional importers
| Popis výrobku | kód HS/KN | Část vyhrazená pro tradiční dovozce 75% | Část vyhrazená pro netradiční dovozce 25% |
|---|---|---|---|
| Obuv spadající do kódů HS/KN | ex 6402 991) | 43 904 228 párů | 14 634 742 párů |
| 6403 51 6403 59 | 2 387 593 párů | 795 864 párů | |
| ex 6403 911) ex 6403 991) | 10 494 678 párů | 3 498 226 párů | |
| ex 6404 112) | 14 176 498 párů | 4 725 500 párů | |
| 6404 19 10 | 25 126 810 párů | 8 375 603 párů | |
| Stolní a kuchyňské nádobí z porcelánu, spadající do kódu HS/KN | 6911 10 | 50 929 tun | 16 976 tun |
| Keramické stolní a kuchyňské nádobí, ostatní výrobky pro domácnost a toaletní výrobky, jiné než z porcelánu, spadající do kódu HS/KN | 6912 00 | 43 593 tun | 14 531 tun |
(1) Except for footwear produced by special technology; footwear with a cif price of more than EUR 9 per pair and intended for use in sports, with a pressed single or multi-layer sole, unsprayed, made from synthetic materials specially designed to control the effect of vertical movement or movement to the side and with such technical elements as hermetically sealed inserts containing gas or liquid, with mechanical elements which absorb or neutralise shocks or materials such as low density polymers.
(2) Except:
(a) footwear intended for the pursuit of sports activity, which is or may be fitted with tips, nails, pins, clips, springs and the like, with unsprayed sole;
(b) footwear produced by special technology; footwear with a cif price of more than EUR 9 per pair and intended for use in sports, with a pressed single or multi-layer sole, unsprayed, made from synthetic materials specially designed to control the effect of vertical movement or movement to the side and with such technical elements as hermetically sealed inserts containing gas or liquid, with mechanical elements which absorb or neutralise shocks or materials such as low density polymers.
Příloha č. 2
Annex No. 2 to Government Decree No. 400 / 2003 Coll.
Maximum quantity that may be requested by non-traditional importers
| Popis výrobku | Kód HS/KN | Stanovené nejvyšší množství |
|---|---|---|
| Obuv spadající do kódů HS/KN | ex 6402 991) | 5 000 párů |
| 6403 51 6403 59 | 5 000 párů | |
| ex 6403 911) ex 6403 991) | 5 000 párů | |
| ex 6404 112) | 5 000 párů | |
| 6404 19 10 | 5 000 párů | |
| Stolní a kuchyňské nádobí z porcelánu, spadající do kódu HS/KN | 6911 10 | 5 tun |
| Keramické stolní a kuchyňské nádobí, ostatní výrobky pro domácnost a toaletní výrobky, jiné než z porcelánu, spadající do kódu HS/KN | 6912 00 | 5 tun |
(1) Except for footwear produced by special technology; footwear with a cif price of more than EUR 9 per pair and intended for use in sports, with a pressed single or multi-layer sole, unsprayed, made from synthetic materials specially designed to control the effect of vertical movement or movement to the side and with such technical elements as hermetically sealed inserts containing gas or liquid, with mechanical elements which absorb or neutralise shocks or materials such as low density polymers.
(2) Except:
(a) footwear intended for the pursuit of sports activity, which is or may be fitted with tips, nails, pins, clips, springs and the like, with unsprayed sole;
(b) footwear produced by special technology; footwear with a cif price of more than EUR 9 per pair and intended for use in sports, with a pressed single or multi-layer sole, unsprayed, made from synthetic materials specially designed to control the effect of vertical movement or movement to the side and with such technical elements as hermetically sealed inserts containing gas or liquid, with mechanical elements which absorb or neutralise shocks or materials such as low density polymers.
Příloha č. 3
Annex No. 3 to Government Decree No. 400 / 2003 Coll.
Příloha č. 4
Annex No. 4 to Government Decree No. 400 / 2003 Coll.
1) Council Regulation (EC) No 520 / 94 of 7 March 1994 laying down a Community procedure for the application of quantitative quotas. Council Regulation (EC) No 138 / 96 of 22 January 1996 amending Council Regulation (EC) No 520 / 94 laying down a Community procedure for the application of quantitative quotas. Commission Regulation (EC) No 738 / 94 of 30 March 1994 laying down certain detailed rules for the application of Council Regulation (EC) No 520 / 94 laying down a Community procedure for the application of quantitative quotas. Commission Regulation (EC) No 983 / 96 of 31 May 1996 amending Commission Regulation (EC) No 738 / 94 laying down certain detailed rules for the application of Council Regulation (EC) No 520 / 94 laying down a Community procedure for the application of quantitative quotas. Council Regulation (EC) No 427 / 2003 of 3 March 2003 on a transitional safeguard mechanism for certain products within the framework of imports originating in the People's Republic of China amending Council Regulation (EC) No 519 / 94 on common rules for imports from certain third countries. Council Regulation (EC) No 1985 / 2003 of 10 November 2003 amending Council Regulation No 427 / 2003 on a transitional safeguard mechanism for certain products within the framework of imports originating in the People's Republic of China amending Council Regulation (EC) No 519 / 94 on common rules for imports from certain third countries. Commission Regulation (EC) No 2044 / 2003 laying down administrative procedures for the second tranche of the 2004 quantitative quotas for certain products originating in the People's Republic of China. Notifications to importers in the Community of certain products originating in the People's Republic of China subject to quantitative quotas in the second tranche of 2004.
2) Article 2 (2) (a) of Council Regulation (EC) No 520 / 94.
3) Article 2 (2) (c) of Council Regulation (EC) No 520 / 94.
(4) Article 143 of Commission Regulation (EEC) No 2454 / 93 of 2 July 1993 on the implementation of Council Regulation (EEC) No 2913 / 92 on the issue of the Community Customs Code, as amended by Commission Regulation (EC) No 881 / 2003.
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Regulation Information
| Citation | Government Decree No. 400 / 2003 Coll., establishing a procedure for imports of footwear, tableware and kitchenware of porcelain and ceramics originating in the People's Republic of China for the period May to December 2004 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.2003 |
|---|---|
| Effective from | 27.11.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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