Commission Regulation (EC) No 3107/94 of 19 December 1994 laying down detailed rules for the application of Council Regulation (EEC) No 1796/81 on measures applicable to imports of mushrooms of the species Agaricus spp. falling within CN codes 0711 90 40, 2003 10 20 and 2003 10 30

COMMISSION REGULATION (EC) No 3107/94 of 19 December 1994 laying down detailed rules for the application of Council Regulation (EEC) No 1796/81 on measures applicable to imports of mushrooms of the species Agaricus spp. falling within CN codes  0711 90 40, 2003 10 20 and 2003 10 30
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1796/81 of 30 June 1981 on measures applicable to imports of mushrooms of the species Agaricus spp. falling within CN codes 0711 90 40, 2003 10 20 and 2003 10 30 (1), as last amended by Regulation (EEC) No  1122/92 (2), and in particular Article 6 thereof,
Whereas Article 3 of Regulation (EEC) No 1796/81 stipulates that the quantity free of the additional amount must be allocated between the supplier countries, account being taken of traditional trade flows and of any new suppliers;
Whereas Commission Regulation (EEC) No 1707/90 (3), as last amended by Regulation (EC) No 2429/94 (4), lays down detailed rules for the application of Regulation (EEC) No 1796/81; whereas, as a consequence of the various amendments which have been or  must be made to Regulation (EEC) No 1707/90 in the light of the experience gained, its repeal and replacement by a new Regulation are now appropriate;
Whereas provision should be made to review the allocation during a given year on the basis of the data available after the first six months; whereas a reserve should be established so as to avoid any interruption in trade with a supplier country when  the overall quantity has not been exhausted;
Whereas the European Agreements with Bulgaria (5), Poland (6) and Romania (7) grant those countries preferential access to the Community market for specific quantities;
Whereas detailed arrangements should be laid down to ensure that the quantities in excess of the tariff quotas are subjected to the levying of the additional amount; whereas those arrangements must involve the issuing of licences at the end of a period  in which the quantities are checked and the necessary notifications are made by the Member States; whereas these provisions are either supplementary to or derogate from the provisions of Commission Regulation (EEC) No 2405/89 of 1 August 1989 laying  down special detailed rules for the application of the system of import licences and advance fixing certificates for products processed from fruit and vegetables (8), as last amended by Regulation (EC) No 556/94 (9), and by Commission Regulation (EEC)  No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (10), as last amended by Regulation (EC) No 2746/94 (11);
Whereas, pursuant to Regulation (EEC) No 1707/90, a new importer was not obliged to satisfy certain conditions in order to qualify as such; whereas experience shows that if proper management of the quota is to be ensured the share allocated to this  category of trader must be reduced and certain criteria relating to the status of the applicants and the use of the licences allocated must be laid down;
Whereas it is more appropriate to establish henceforth an allocation between traditional importers on the basis of the quantities imported and not on the basis of the licences issued; whereas, for administrative reasons, provision should nevertheless be  made for a transitional period;
Wheras, to ensure the correct use of the quotas, provision must be made for regular notification by the Member States of the quantities for which the licences have not been used;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,