COMMISSION REGULATION (EC) No 2801/94 of 17 November 1994 establishing the quantities to be allocated to importers from the first tranche of the 1995 Community quantitative quotas on certain products originating in the People's Republic of China  (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 520/94 of 7 March 1994 establishing a Community procedure for administering quantitative quotas (1), and in particular Article 9 and 13 thereof,
Having regard to Commission Regulation (EC) No 2459/94 of 11 October 1994 establishing administration procedures for the first tranche of the 1995 quantitative quotas for certain products originating in the People's Republic of China (2), and in  particular Article 3 thereof,
Whereas under Article 169 of the Act of Accession of Norway, Austria, Finland and Sweden, the Communtiy institutions, prior to accession, may make the necessary adaptations to Community acts where these have not been provided for in the Act of Accession  itself;
Whereas Regulation (EC) No 2459/94 looks ahead to the accession of Norway, Austria, Finland and Sweden to the European Union and reflects the need to take account of their importers in the preparations for administration of the first tranche of the 1995  quotas;
Whereas the Governments of Norway, Austria, Finland and Sweden, in accordance with undertakings given, have adopted suitable measures to ensure compliance with Community legislation, in particular the rules for submission of import applications and  supporting evidence, and have informed the Commission within the deadlines laid down by Regulation (EC) No 2459/94 of the relevant particulars of import applications received, with a view to the establishment of quantitative criteria for the allocation  of quotas to importers;
Whereas the Commission has thus received from the Member States (under Article 5 of Regulation (EC) No 2459/94) and the acceding States (in accordance with their undertakings) particulars of the numbers and aggregate volume of import licence  applications submitted and the total volume imported by traditional importers in 1991 and 1992, the reference years;
Whereas the Commission is now able, on the basis of that information, to establish uniform quantitative criteria by which the competent national authorities may satisfy licence applications submitted by importers in the Member States and acceding States  for the first tranche of the 1995 quantitative quotas;
Whereas examination of the figures supplied by Member States and acceding States shows that the aggregate volume of applications submitted by traditional importers for the products listed in Annex I to this Regulation exceeds the portion of the quota  set aside for them; whereas the application must therefore be met by applying the uniform rate of reduction shown in Annex I to the average, expressed in value or volume terms, of each importer's imports over the reference period;
Whereas examination of the figures supplied by Member States and acceding States shows that the total applications submitted by traditional importers for the product listed in Annex II to this Regulation amount to less than the portion of the quota set  aside for them; whereas those applications should therefore be met in full;
Whereas examination of the figures supplied by Member States and acceding States shows that the aggregate volume of applications submitted by non-traditional importers for the products listed in Annex III to this Regulation exceeds the portion of the  quota set aside for them; whereas the applications must therefore be met by applying the uniform rate of reduction shown in Annex III to the amounts requested by each importer, as limited by Regulation (EC) No 2459/94;
Whereas examination of the figures supplied by Member States and acceding States shows that the total applications submitted by non-traditional importers for the product listed in Annex IV to this Regulation amount to less than the portion of the quota  set aside for them; whereas those applications, up to the maximum amount that can be requested by each importer under Regulation (EC) No 2459/94, should therefore be met in full;
Whereas, the chosen management method does not allow the allocation of economically significant quantities of the products listed in Annex V to this Regulation; whereas, consequently, it is not possible to allocate at this stage the parts of the quotas  concerned;
Whereas in accordance with Article 169 of the Act of Accession this Regulation should enter into force on 1 January 1995, subject to the entry into force of the Treaty of Accession on the same day,
In response to licence applications in respect of the products listed in Annex I duly submitted by traditional importers, the competent national authorities shall allocate each importer a quantity or value equal to his average imports for  1991 and 1992 adjusted by the rate of reduction specified in the said Annex for each quota.
Where the use of this quantitative criterion would entail allocating an amount greater than that applied for, the quantity or value allocated shall be limited to that specified application.
Licence applications in respect of the product in Annex II duly submitted by traditional importers shall be met in full by the competent national authorities.
In response to licence applications in respect of the products listed in Annex III duly submitted by non-traditional importers, the competent national authorities shall allocate each importer a quantity or value equal to the amount requested  within the limits set by Regulation (EC) No 2459/94, adjusted by the rate of reduction specified in the said Annex for each quota.
Licence applications in respect of the product listed in Annex IV duly submitted by non-traditional importers shall be met in full by the competent national authorities, within the limits set by Regulation (EC) No 2459/94.
With respect to the products listed in Annex V to this Regulation, the allocation of the quotas to non-traditional importers is suspended.
Import licences shall be issued by the competent national authorities in the first ten working days of 1 January 1995. They shall be valid for nine months from 1 January 1995.
This Regulation shall enter into force on 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.