No L 212/16 Official Journal of the European Communities 7.9.55 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 (), as last amended by Commission Regulation (EC) No 1032/95 (%), 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 (%), and in particular Article 3 thereof, Whereas, under the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotia- tions, 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 07119040, 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(*, as amended by Regulation (EC) No 1032/95 (%), 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 () OJ No L 49, 27. 2. 1986, p. 1. () O] No L 105, 9. 5. 1995, p. 3. () OJ No L 349, 31. 12. 1994, p. 105. () OJ No L 328, 20. 12. 1994, p. 37. () OJ No L 105, 9. 5. 1995, p. 3. traditional patterns of trade, of new suppliers and of prefe- rences as provided for in the Europe Agreements with Bulgaria (), Poland (") and Romania (%) ; Whereas provision should be made to review the alloca- tion 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 arrange- ments must involve the issuing of licences at the end of a period in which the quantities are checked and the neces- sary notifications are made by the Member States; whereas these provisions are either supplementary to or derogate from the provisions of Commission Regulation (EC) No 15921/95 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 ), 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 ('°), as last amended by Regulation (EC) No 1199/95 (""); Whereas a distinction should be drawn between tradi- tional 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, provi- sion should nevertheless be made to retain the transi- tional period provided for in Regulation (EC) No 3107/94; () OJ No L 323, 23. 12. 1993, p. 2. () OJ No L 348, 31. 12. 1993, p. 2. () O] No L 81, 2. 4. 1993, p. 2. () OJ No L 185, 4. 8. 1995, p. 10. (% OJ No L 331, 2. 12. 1988, p. 1. (") OJ No L 119, 30. 5. 1995, p. 4.