Basic information
Outline of the system
An autonomous regime governing imports from one non-WTO Member, namely Democratic People's Republic of Korea (DPRK), with which no bilateral agreements, protocols, other arrangements or specific EU import rules exist.
Product coverage
Certain textile and clothing products - 48 categories from DPRK (see underlying Regulation (EU) 2015/936 for reference).
Nature of licensing
Automatic
If Automatic, administrative purpose
Statistical reasons for TRQ management.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The system establishes quantitative restrictions on imports of certain textile products originating in certain third countries, namely DPRK, to be allocated on a first come, first served basis. For 2021, while the system is maintained, no quotas have been fixed.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
An autonomous regime governing imports from one non WTO Member, namely Democratic People's Republic of Korea (DPRK), with which no bilateral agreements, protocols, other arrangements or specific EU import rules exist.
Expected duration of licensing procedure
Not limited.
Legal requirements
Is the licensing statutorily required?
The legal basis is Regulation (EU) No 2015/936 of the European Parliament and of the Council (OJ L 160, 25.6.2015, p. 1) 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 rules and its amendments. This is the recast version of former Council Regulation (EC) No 517/94 (OJ L 67, 10.3.94, p. 1). A consolidated version of Regulation can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02015R0936-201....
Further to UN Security Council Resolution No. 2375 (2017) of 11 September 2017, Council of the European Union adopted Regulation (EU) 2017/1836 amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 261, 11.10.2017, p. 1). Regulation prohibits to import, purchase of transfer, directly or indirectly, textiles, from the DPRK, whether or not originating in the DPRK. It can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:261:TOC
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Licensing is statutorily required for the products listed in the relevant texts that also define the product coverage without leaving any administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Relevant regulations contain provisions relating to the duration and expiry of the licensing regime and a licensing system can only be abolished by legislative act.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Import licences are issued without discrimination to any importer in the EU wherever the place of his establishment may be in the EU, without prejudice to compliance with the other conditions required under current rules. All persons are eligible to become importers.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Directorate General for Trade, European Commission
Address
CHAR 5/86, Rue de la Loi 170, B-1000 Brussels
Telephone
Fax
Website
Contact officer
Maria Madrid
Submission of an application
Administrative body(ies) for submission of an application
N/A
Documentation requirements
What information is required in applications?
For textile products subject to quantitative limits: The sample form is contained in Commission Regulation (EC) No 3168/94 (OJ L 335, 23.12.1994, p. 23) establishing in the field of application of Council Regulation (EC) No 517/94 - repealed by Regulation (EU) 2015/936 - on common rules for imports of textile products from third countries not covered by bilateral agreements, protocols or other arrangements or by other specific EU import rules as last amended by Commission Regulation (EU) No 519/2013 of 21 February 2013 (OJ L 158, 10.06.2013. The following information is required in applications for import authorisations.
The declaration or request made by the importer to the competent authorities in order to obtain the import authorisation needs to contain: (a) The name of the applicant and full address (including if any, telephone and fax number, and identification number registered with the competent national authorities), and VAT registration number, if it is a VAT payer; (b) Name and full address of declarant; (c) Issue number, quota period and responsible authority; (d) The country of origin of the products and the country of consignment; (e) A description of the products including: - their commercial designation; - description of the products and Combined Nomenclature (CN) code; - quantity expressed in quota unit; - security/guarantee (if applicable); (f) The appropriate category and the quantity in the appropriate unit as indicated in Regulation concerned for the products in question; (g) The value of products; (h) Any internal code used for administrative purposes, such as the TARIC code; (i) Date and signature of the applicant.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
N/A
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
N/A
Issuing the license
Can a licence be granted immediately on request?
N/A
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
N/A
Which administrative body is responsible for approving application of licences?
N/A
Must the applications be passed on to other organs for visa, note or approval?
N/A
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None.
Are the reasons for any refusal given to applicants?
Yes, the SIGL team is in regular contact with the applicants.
Have applicants a right of appeal in the event of refusal to issue a licence?
SIGL has not encountered any appeal so far. In the end, the Textile Committee (Article 25 Regulation 517/94 and Article 30 of Regulation 2015/936) is the responsible entity "for any matter relating to the application of this Regulation" (Article 5 Regulation No 517/94 - repealed by Regulation (EU) 2015/936 - and Article 5 of Regulation (EU) 2015/936).
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
N/A
What documents are required upon actual importation?
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Surveillance documents may not be used beyond the expiry of the period which will be laid down at the same time and by means of the same procedure as the imposition of surveillance or safeguard measures and which will take account of the nature of the products and other special features of the transactions.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, see Article 22 of Regulation No 517/94 (repealed) and Regulation (EU) 2015/936.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported as well as to cover import licences.
Is a licence required as a condition to obtaining foreign exchange?
A licence is not required as a condition to obtaining foreign exchange.
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
The distribution of quotas is set on a yearly basis. For 2017, the legal basis is Commission Implementing Regulation (EU) 2106/2148 of 07 December 2016 laying down rules for the management and the distribution of textile quotas established for the year 2017 under Council Regulation (EU) No 936/2015 that can be consulted on the EUR-Lex web page at the following address:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1469802520475&uri=CEL...
The European Commission manages at EU level the issuance of import authorizations for textile products which are subject to quantitative restrictions (quotas) or to surveillance measures applicable for textile products with the help of an integrated electronic network known as "SIGL" ("Système Intégré de Gestion de Licenses" - Integrated system for the management of licences). SIGL is a computer system linking the European Commission with the licensing offices issuing import authorizations in the Member States. Licensing offices have exclusive access to SIGL. For more information on SIGL: http://trade.ec.europa.eu/sigl/info_textile.htm.
The information provided on the website is based on the use of the quantitative restrictions (quotas) and on quantities of products imported under specific regime measures per textile category and is updated twice a day. The extent to which a textiles quota is used is based on the quantity of the goods of a certain category of textile products for which the licensing authorities in the Member States have issued import authorisations and which have been set off against the quantitative limit in question. SIGL is following the relevant legislation.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
There are no cases where the size of the quota is determined on a yearly basis and where import authorisations would be issued for imports on a six-monthly or quarterly basis.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
Import authorisations are issued for imports of textiles from third countries. The competent licensing offices notify the European Commission immediately after having been informed of any quantity that is not used during the duration of validity of the import authorisation. Such unused quantities are automatically transferred into the remaining quantities of the total of the EU quantitative limit for each category products and each third country concerned. According to Article 23 of Regulation (EU) 2015/936 the validity of wholly or partly unused import authorisations may be extended. Names of importers to whom import authorisations have been allocated are not made known to governments and exporting countries for privacy protection reasons.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
The authorised imports are charged against the quantitative limits laid down for the year in which the products are shipped in the supplier country concerned. An import authorisation is issued, if the importer proves the existence of a contract related to the provision of the goods and certifies in writing that he has not already been allocated an authorisation or has already used up at least 50 per cent of an already allocated authorisation.
What are the minimum and maximum lengths of time for processing applications?
The licensing offices have to issue an import authorisation within five working days of notification of the European Commission decision or within the time limit set by the European Commission.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Import authorisations are valid for a period of nine months from the date of their issue.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Each Member State has only one national competent authority for the issuing of import authorisations.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Import authorisations are issued on a "first-come, first-served" basis. For the autonomous regime the European Commission may divide the quantitative limits into tranches or fix maximum amounts per allocation. In accordance with the examination procedure referred to in Article 5 of Regulation (EU) No 182/2011 the European Commission may reserve a proportion of a specific quantitative limit for requests supported by evidence of past import performance. As regards OPT, 90% of the 2015 quota level was reserved for traditional operators, whilst 10% was kept for newcomers. The percentage depends on the legislation in force. Applications are examined on receipt.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
As regards the autonomous regime subject to quantitative limits import authorisations are not issued automatically but only after the European Commission has confirmed that the amount requested is available within the quantitative limit in question.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
There are no cases where imports are allowed on the basis of export permits only.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
There are no products for which licences are issued on condition that the goods should be exported and not sold on the domestic market.