Commission Regulation (EC) No 2125/95 of 6 September 1995 opening and providing for the administration of tariff quotas for preserved mushrooms of the genus Agaricus spp.

COMMISSION REGULATION (EC) No 2125/95 of 6 September 1995 opening and providing  for the administration of tariff quotas for preserved mushrooms of the genus Agaricus spp.
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization  of the market in products processed from fruit and vegetables  (1), as last amended by Commission  Regulation (EC) No 1032/95  (2), and in particular Article 12 (1) thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agricultural sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations  (3), and in particular  Article 3 thereof,
Whereas, under the Agreement on Agriculture concluded during the Uruguay Round of multilateral  trade negotiations, the Community undertook to open from 1 July 1995, under certain conditions,  Community tariff quotas for preserved mushrooms of the genus Agaricus spp. falling within CN codes  0711  90  40, 2003  10  20 and 2003  10  30; whereas these quotas should therefore be opened and  conditions laid down for their administration, while ensuring that the transition between the  system expiring on 30 June 1995 and the new system applicable from 1 July 1995 is as smooth as  possible; whereas for this purpose the detailed rules of application of the old system should be  carried over and the traditional import calendars should be maintained;
Whereas the import licences issued from 1 January to 30 June 1995 pursuant to Commission Regulation  (EC) No 3107/94  (4), as amended by Regulation (EC) No 1032/95  (5), covered all the annual  quantity available for China, 10  056 tonnes for Poland, 137 tonnes for Bulgaria, and 551 tonnes  for all the other supplier countries; whereas no licences were issued for Romania; whereas quotas  should therefore be opened for the period 1 July to 31 December 1995 corresponding to the balances  available for each of the abovementioned countries or groups of countries;
Whereas the quantity to be imported should be allocated between the supplier countries, account  being taken of traditional patterns of trade, of new suppliers and of preferences as provided for  in the Europe Agreements with Bulgaria  (6), Poland  (7) and Romania  (8);
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 of use; 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 detailed arrangements should be laid down to ensure that the quantities in excess of the  tariff quotas are subjected to the levying of the full duty provided for in the Common Customs  Tariff; 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 (EC) No 1921/95 of 3 August 1995 laying down detailed rules for the application of the  system of import licences for products processed from fruit and vegetables and repealing  Regulations (EEC) No 2405/89 and (EEC) No 3518/86  (9), and 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 1199/95  (11);
Whereas a distinction should be drawn between traditional importers and new importers and certain  criteria relating to the status of the applicants and the use of the licences allocated should be  laid down; whereas, lastly, the quantities for each category of importer should be allocated  fairly;
Whereas it is more appropriate to establish henceforth an allocation between traditional importers  on the basis of the quantities imported rather than on the basis of the licences issued; whereas,  for administrative reasons, provision should nevertheless be made to retain the transitional period  provided for in Regulation (EC) No 3107/94;
Whereas, to ensure the correct use of the quotas, provision must be made for regular notification  by the Member States of the quantities for which 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 and the Customs Code  Committee,