Commission Implementing Regulation (EU) 2015/2106

of 20 November 2015

laying down rules for the management and distribution of textile quotas established for the year 2016 under Regulation (EU) 2015/936 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2015/936 of the European Parliament and of the Council of 9 June 2015 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules1, and in particular Article 17(3) and (6) and Article 21(2) thereof,

Whereas:

(1)

Regulation (EU) 2015/936 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis.

(2)

Under Regulation (EU) 2015/936 it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance.

(3)

Rules for the management and distribution of textile quotas established for the year 2016 should be adopted before the quota year begins so that the continuity of trade flows is not unduly affected.

(4)

The measures adopted in previous years, such as those in Commission Implementing Regulation (EU) No 1235/20142, proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2016.

(5)

In order to satisfy the greatest possible number of operators, it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities that can be allocated to each operator by that method.

(6)

To guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2016 equivalent to the quantity that they imported in 2015.

(7)

To achieve optimum use of the quantities, an operator who has used up at least one half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas.

(8)

To secure a sound administration, import authorisations should be valid for nine months from the date of issue until the end of the year at the latest. Member States should issue authorisations only after being notified by the Commission that quantities are available and only if operators can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that they have not yet been granted a Union import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to an importer's application, to extend by three months and until 31 March 2017 the validity of an authorisation provided that at least half of the allocated quantity has been used by the application date.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 30 of Regulation (EU) 2015/936,

HAS ADOPTED THIS REGULATION: