4. 4. 96 Official Journal of the European Communities No L 86/57 COMMISSION REGULATION (EC) No 612/96 of 3 April 1996 redistributing unused portions of the 1995 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 administering quantitative quotas ('), amended by Regula- tion (EC) No 138/96 (3, and in particular Articles 2 (5) and Articles 14 and 24 thereof, Whereas 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) No 168/96 (%), introduced annual quantitative quotas for certain products originating in the People’s Republic of China listed in Annex II to that Regulation; whereas the provisions of Regulation (EC) No 520/94 are applicable to those quotas; Whereas the Commission accordingly adopted Regulation (EC) No 738/94 (), as last amended by Regulation (EC) No 1150/95 (%), laying down general rules for the imple- mentation of Regulation (EC) No 520/94; whereas these provisions apply to the administration of the above quotas subject to the provisions of this Regulation; Whereas, 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 1995 and not used; Whereas the unused quantities could not be redistributed in time to be used before the end of the 1995 quota year; Whereas examination of the data received for each of the products in question indicates that the quantities not used in the 1995 quota year should be redistributed in 1996, () OJ NoL 66, 10. 3. 1994, p. 1. () OJ No L 21, 27. 1. 1996, p. 6. () O] No L 67, 10. 3. 1994, p. 89. () OJ No L 25, 1. 2. 1996, p. 2. () O] No L 87, 31. 3. 1994, p. 47. () O] No L 116, 23. 5. 1995, p. 3. up to a limit of the amounts set out in Annex I to this Regulation; Whereas, the different administrative methods provided for by Regulation (EC) No 520/94 have been considered, the method based on traditional trade flows should be adopted; whereas under this method quota tranches are divided into two portions, one of which is reserved for traditional importers and the other for other applicants; Whereas this has proved to be the best way of ensuring the continuity of business for the Community importers concerned and avoiding any distyrbance of trade flows; Whereas quantities redistributed under this Regulation should be divided using the same criteria as for the alloca- tion of the 1996 quotas; Whereas the reference period used for the apportionment of the 1996 quotas, consisting of the years 1992 and 1994, 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 ques- tion, whereas, therefore, traditional importers must prove that they imported products originating in China subject to the relevant quotas in the course of 1992 and 1994; Whereas it is necessary to simplify the formalities to be fulfilled by traditional importers who already hold import licences issued when the 1996 Community quotas were allocated; whereas the competent administrative authori- ties already possess the requisite evidence of 1992 and 1994 imports for all traditional importers; whereas the latter need therefore only enclose a copy of their previous licences with their new licence applications; Whereas 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, particularly as examination of the data received from the competent authorities of the Member States reveals that non-traditional importers made less use of the quotas; whereas, 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