COMMISSION REGULATION (EC)  No 1093/95 of 15 May 1995 establishing the quantities to be allocated to importers from the second  tranche of the 1995 Community quantitative quotas on certain products originating in the People's  Republic of China
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 Articles 9 and 13 thereof,
Having regard to Commission Regulation (EC) No 657/95 of 28 March 1995 establishing administration  procedures for the second tranche of the 1995 quantitative quotas for certain products originating  in the People's Republic of China  (2), and in particular Article 6 thereof,
Whereas Regulation (EC) No 657/95 established the portion of the second tranche of each of the  quotas concerned reserved for traditional and other importers and the conditions and methods for  participating in the allocation of the quantities available; whereas importers have lodged  applications for import licences with the competent national authorities between 30 March 1995 and  18 April 1995 at 5 p.m., Brussels time, on 18 April, in accordance with Article 3 of Regulation  (EC) No 657/95;
Whereas the Commission has received from the Member States, under Article 5 of Regulation (EC) No  657/95, 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 for the second tranche of the 1995 quantitative  quotas;
Whereas examination of the figures supplied by Member 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 applications 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 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 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 657/95,
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 in the  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 657/95, adjusted by the rate of reduction specified in the said Annex for each quota.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.