23. 5. 95 Official Journal of the European Communities No L 116/15 COMMISSION REGULATION (EC) No 1151/95 of 22 May 1995 opening and providing for the administration of a tariff quota for frozen meat of bovine animals falling within CN code 0202 and products falling within CN code 02062991 (1 July 1995 to 30 June 1996) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 805/68 of - 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EC) No 424/95 (), 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 agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (), and in parti- cular Article 3 thereof, Whereas under the WTO agreement the Community has undertaken to open an annual import tariff quota of 53 000 tonnes of frozen beef falling within CN code 0202 and products falling within CN code 0206 29 91 ; whereas the rules of application for the quota year 1995/96 starting 1 July 1995 must be established ; Whereas in accordance with Article 12 (3) of Regulation (EEC) No 805/68 a similar method of administration should be applied as the one used in the past to corres- ponding quotas ; whereas those arrangements consist of . the allocation by the Commission of the quantities available partly to traditional operators and partly to operators engaging in trade in beef and veal ; Whereas in order to ensure a smooth transition from the arrangements under the GATT quota of 53 000 tonnes the traditional importers should be allocated 80 % of the quota i. e. 42 400 tonnes on application and in proportion to the quantities imported by them under the same type of quota in the years 1992, 1993 and 1994 ; whereas steps should be taken to ensure that operators of the new Member States can participate on equal terms in the allo- cations of the quantities available; whereas for those operators, therefore a part of the quantities of the products covered by the quota imported between 1 July 1991 and 30 June 1994 into the new Member States from countries which were third countries for them on 31 December 1994 should be considered as reference quanti- ties giving access to that part of the quota reserved for () OJ No L 148, 28. 6. 1968, p. 24. () OJ No L 45, 1. 3. 1995, p. 2. () OJ No L 349, 31. 12. 1994, p. 105. ‘traditional’ importers ; whereas the choice of those years is dictated by the need to ensure their representativeness and to avoid consideration of any speculative imports ; whereas the eligible reference quantities shall be deter- mined by applying a coefficient cormresponding to the Community level of traditional imports for GATT purposes compared to total imports of frozen beef ; Whereas, on the basis of the submission of applications from interested parties and subject to their acceptance by the Commission operators who can demonstrate the genuine nature of their business and who apply for quan- tities of some significance should be granted access to the second part of the quota i. e. 10 600 tonnes ; whereas the genuine nature of their business should be demonstrated through the presentation of proofs of a certain size of trade in beef and veal with countries which were third countries on 31 December 1994 ; Whereas verification of the abovementioned criteria requires that applications be submitted in the Member State in which the importer is entered into the value added tax register ; Whereas operators no longer engaged in trade in beef and veal at 1 January 1995 should be barred access to the quota in order to prevent speculation ; Whereas subject to the provisions of this Regulation Commission Regulation (EEC) No 3719/88 (), 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 340/95 () shall apply; Whereas in the framework of the implementation of the WTO agreement the detailed rules for the application of the system of import licences in the beef sector, presently provided for by Commission Regulation (EEC) No 2377/80 (), as last amended by Regulation (EC) No 1084/94 (), should be modified before 1 July 1995; whereas in order to prevent practical problems of applica- tion linked to the present tariff quota Regulation (EEC) No 2377/80 should not apply ; whereas special detailed rules on the import licences for that quota should be adopted instead ; () OJ No L 331, 2. 12. 1988, p. 1. % OJ No L 39, 21. 2. 1995, p. 1. (9 OJ No L 241, 13. 9. 1980, p. . () OJ No L 120, 11. 5. 1994, p. 30.