31.3.2001 Official Journal of the European Communities L91/51 COMMISSION REGULATION (EC) No 650/2001 of 30 March 2001 redistributing unused portions of the 2000 quantitative quotas for 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 adminis- tering quantitative quotas ('), as last amended by Regulation (EC) No 138/96 (3, and in particular Article 2(5) and Articles 14 and 24 thereof, Whereas: 1) Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83 (%), as last amended by Regulation (EC) 1138/98 (*), introduced annual quantit- ative quotas for certain products originating in the People's Republic of China listed in Annex II to that Regulation. The provisions of Regulation (EC) No 520/ 94 are applicable to those quotas. The Commission accordingly adopted Regulation (EC) No 738/94 (%), as last amended by Regulation (EC) No 983/96 (%), laying down general rules for the imple- mentation of Regulation (EC) No 520/94. These provi- sions apply to the administration of the above quotas subject to the provisions of this Regulation. In accordance with Article 20 of Regulation (EC) No 520/94, the competent authorities of the Member States notified the Commission of the quantities of quotas assigned in 2000 and not used. The unused quantities could not be redistributed in time to be used before the end of the 2000 quota year. Examination of the data received for each of the prod- ucts in question indicates that the quantities not used in the 2000 quota year should be redistributed in 2001, up to a limit of the amounts set out in Annex I to this Regulation. 66, 10.3.1994, p. 1. 21, 27.1.1996, p. 6. 67, 10.3.1994, p. 89. 159, 3.6.1998, p. 1. 87, 31.3.1994, p. 47. 131, 1.6.1996, p. 47. (6) (10) The different administrative methods provided for by Regulation (EC) No 520/94 have been considered, and the method based on traditional trade flows should be adopted. Under this method quota tranches are divided into two portions, one of which is reserved for tradi- tional importers and the other for other applicants. This has proved to be the best way of ensuring the continuity of business for the Community importers concerned and avoiding any disturbance of trade flows. Quantities redistributed under this Regulation should be divided using the same criteria as for the allocation of the 2001 quotas. The reference period used for the appointment of the 2001 quotas, consisting of either the year 1998 or 1999, should again be applied to the allocation of the share set aside for traditional importers, since it continues to reflect the normal trend of trade flows for the products in question. Therefore, traditional impor- ters must prove that they imported products originating in China subject to the relevant quotas in the course of either 1998 or 1999. It is necessary to simplify the formalities to be fulfilled by traditional importers who already hold import licences issued when the 2001 Community quotas were allocated. The competent administrative authorities already possess the requisite evidence of either 1998 or 1999 imports for all traditional importers. The latter need therefore only enclose a copy of their previous licences with their new licence applications. Measures should be taken to provide the best conditions for the allocation of that portion of the quota reserved for non-traditional importers with a view to optimum use of quotas. To this end, it is appropriate to provide for that portion to be allocated in proportion to the quantities requested, on the basis of a simultaneous examination of import licence applications actually lodged, and grant access only to importers who can prove that they obtained and made use of at least 80 % of a an import licence for the product in question during the 2000 quota year. The amount that any non-tradi- tional importer may request should also be restricted to a set volume or value.